There are two paths to apply for a marriage based green card.  Which path is right for you depends on your individual circumstances.  The two methods are:

1.)   If you are outside of the United States, then you can apply through a consular process and have your interview at the U.S. consulate in your county.

2.)  If you are currently in the United States, then you can apply to adjust status from within the U.S. and you will have the interview in the U.S.

If you are in the U.S., the USCIS will review your application based on if you came into the U.S. with an inspection or entered the U.S. without an inspection.  If you have fallen out of lawful status but you entered the U.S. legally, and had an inspection by an immigration official, you can generally obtain your green card from within the U.S.   If you are in the U.S. without lawful status, then you cannot change your status from within the U.S.  You will have to return to your home country to proceed through a consular process unless you qualify for an exception to this general rule as the spouse of a U.S. citizen.  Immigration law is very complicated and errors or problems with your petition for a green card can ruin the chances for success now and in the future.  For assistance with your marriage based green card, please contact Your Immigration Angel today!