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Can I apply for marriage based green card overseas?

New York, NY |

My boyfriend and I want to get married and move to Hong Kong together. He's a US citizen and I'm a Chinese citizen. When is the best time for me to apply for green card? Should I apply before I move? Can I apply while being in HK and complete the interview later?

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Attorney answers 1


You should apply for adjustment of status whilst in the U.S. and apply for AP for urgent travel during the time the application is pending otherwise the application is generally deemed abandoned. You may also consider whether consular processing may be a better option for you.
Your question also raises an issue of possible abandonment of such green card if you intend to move to Hong Kong to reside. Meet with an immigration attorney to iron out these issues.