From my understanding on this issue, spouses of US citizens are handed a green card after paperwork is shuffled, there is no pursuing it.
When discussing this with friends, multiple spouses have pulled out green cards and only newly weds had anything else but green card. She showed her passport with some form attached to it.
Also, I did dig up the court filings: https://habeasdockets.org/media/documents/71921787/004_18103...
Yes, he was here unlawfully (Admitted as tourist and overstayed) for a period but due to his marriage, he on path to Green Card.