Legal Question in Immigration Law in New York

Hello:

It is possible. However, if you are out of status now, you might be subject to the 3/10 year bar which would necessitate a waiver. However, if you wanted to do the consulate processing from outside the U.S. it is possible.

Consulate Processing


Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed. 


It would be much faster & easier if you married in the United States & immediately applied for adjustment of status. Once your "greencard" application is approved, you can always return home & have a celebration there.

If you get married outside the U.S., you will have to wait longer & deal with the U.S. Consulate. In addition, your U.S. spouse will be required to maintain his U.S. domicile. If you have 180 days or more of illegal presence in the U.S., then you won't be able to get your greencard for 3/10 years, due to the bar to re-entry.