Getting married on B2 visa.

[Alicea]

Im in the US on a tourist visa I still have one month before my I-94 expiry .We are planning to get marry before the I-94 expiry. My spouse is a Green card holder for over 5 years what is the best way to approach this situation? Should he go ahead and apply for the citizenship or when he is applying for his citizenship he can apply for my green card at the same time.

[peace999]

It is tricky.
If he files a petition for you as a GC holder there is about a 5 month wait for the visa number to become current . You won't be able to adjust status until your visa number is
current. On the other hand, filing as a citizen there is no visa number wait( it is always current) but citizenship process in itself takes several months.
So, you will either have to extend your visitor stay or go out of status to wait for him to become a citizen. Going out of status is not advised.
And adjusting status to green card inside US from visitor status will always carry some risk.
Depending on whether you had premeditated intent to marry when you entered US as a visitor.

Adv,
Get married and go home before your I-94 expires. In the mean time your spouse can file an I-130 for you as a green card holder under category F 2A.
With it he can select the option of coonsular processing of your immigrant visa. Meaning you will get your immigrant visa at your home country.
The whole process can take a year or more. On the other hand if he waits to get his citizenship and then file , it may take longer because
citizenship applications are taking up to a year processing these days.