Can I get legal status after marriage or should we wait until she gets her citizenship?

Generally, if a foreign national has overstayed a nonimmigrant visa, he is ineligible to apply to change status (to another nonimmigrant visa) or to adjust status (to become a Lawful Permanent Resident - to get a "Green Card") in the U.S., and instead must travel abroad and go through "consular processing." If the foreign national has been out of status for 180 days or longer, he may be subject to a 3-year bar to re-entering the U.S. (if out of status for a year or longer he may be subject to a very harsh 10-year bar). One exception to the foregoing is a marriage-based adjustment of status application for a foreign national married to a U.S. citizen. This exception does not apply to a foreign national married to a Permanent Resident ("Green Card" holder). It would be wise for you and your fianc?e to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.