Legal Question in Immigration Law in New York

You can apply now, but you will have to take into account that one of the requirements for your wife's eligibility to adjust status is that you file an Affidavit of Support, which is basically a contract between you and the Government which obligates you to prevent your spouse from becoming a public charge. Since, in your case, you are unemployed, you will either have to demonstrate that you have sufficient assets to meet the requirements of the regulation, or find a joint sponsor with sufficient income or assets willing to sponsor your wife.

It is permissible to petition her now, however you will need a co-sponsor for the affidavit of support if you are not employed, or earning below the poverty guideline.