Q: I filed I-130 for my wife a Mexican National in Mexico. Is the I-485 is needed or only for U.S. residing foreigners?

A: The I-485 is an Application to Register Permanent Residence or Adjust Status, which is used by individuals who are already in the United States and wish to adjust their status to that of a lawful permanent resident. If your wife is a Mexican national residing outside the United States, she would not need to file an I-485.

Instead, after your I-130 petition is approved, the National Visa Center (NVC) will process the case and send it to the appropriate U.S. embassy or consulate in Mexico. At that point, your wife will need to apply for an immigrant visa and attend an interview at the U.S. embassy or consulate in Mexico.

The process for obtaining an immigrant visa for a spouse of a U.S. citizen can be complex, and it's a good idea to work with an experienced immigration attorney who can help guide you through the process and ensure that you are meeting all the necessary requirements and deadlines.

The requirements for obtaining an immigrant visa for a spouse of a U.S. citizen who is residing outside the United States are set out in the Immigration and Nationality Act (INA), which is the federal law that governs U.S. immigration. Specifically, the relevant sections of the INA are:

Section 201(b)(2)(A)(i), which establishes the family-sponsored preference system for immigrants, including spouses of U.S. citizens.

Section 204, which sets out the requirements and procedures for filing an I-130 petition for an immediate relative (including a spouse) of a U.S. citizen.

Section 221, which governs the issuance of immigrant visas by consular officers outside the United States.

Section 245, which sets out the requirements and procedures for applying for adjustment of status (including filing an I-485) for individuals who are already in the United States and wish to become permanent residents.

In general, the process for obtaining an immigrant visa for a spouse of a U.S. citizen who is residing outside the United States involves filing an I-130 petition, which, if approved, will be sent to the National Visa Center (NVC) for processing. The NVC will then send the case to the appropriate U.S. embassy or consulate in the foreign country where the spouse resides. The spouse will then need to apply for an immigrant visa and attend an interview at the U.S. embassy or consulate in order to obtain the visa.

It's important to note that the specific requirements and procedures for obtaining an immigrant visa can vary depending on the country and individual circumstances, so it's a good idea to consult with an experienced immigration attorney who can provide guidance and assistance throughout the process.

A: If your wife is processing at the overseas US Consulate, you don't have to file the I-485.