Apply for green card with a DUI pending case

[random_indian]

I have a DUI pending case, but I came to India for my marriage with an american citizen. Unfortunately my visa is pending and is going through administrative processing and I am not sure of how long it is going to take.

Is it possible to apply for Green card/immigrant visa through my spouse instead of getting H1B stamping. What are the pros and cons of either approaches. Please advice.