You will not pay any penalty. You just have to file for the I-130(petition for alien relative :$355) and because you are out of status, you have to adjust it. So you have to file also for the I-485 (adjustment of status : $1,010) and also the (I-765) employment authorization. But because you already file for the I-485, you do not have to pay a fee for the I-765.
You should get a lawyer to help you with the paper work, it is very confusing.
Good luck!![]()

