I-130 - what is a permanent resident?

[j0hnga1t 0]

So my wife got her conditional green card in July 2010. Can she apply to bring her son over (with me signing the affidavit of support) Does she qualify as a "permanent" resident eventhough her green card is still "conditional" (i.e. 2 years)?

I checked out the forms and for a son under the age of 21 (he is only 7), I think I need to file the following (he is coming from Thailand):

I-130

copy of Birth Certificate

copy of name change certificates for her son

Letter for the thai government saying that she has custody of her son as shown on the US Embassy - Bangkok website

Do I need to file anything else? It didn't ask for an affidavit of support in the instructions which I thought was odd.

Any advice would be appreciated

Curtis

[amykathleen2005 441]

Conditional does not mean she is any less of a permanent resident. She has all the rights and privileges, you just need to remove the conditions later on to keep the card.

[RICARDO4EVA2 194]

So my wife got her conditional green card in July 2010. Can she apply to bring her son over (with me signing the affidavit of support) Does she qualify as a "permanent" resident eventhough her green card is still "conditional" (i.e. 2 years)?

To Answer your Question - Yes...!

Curtis my mother will petition for her 14 year old son in 2 months.. lets see how long our process takes.

Edited October 16, 2010 by RICARDO4EVA2

[rin and john 71]

So my wife got her conditional green card in July 2010. Can she apply to bring her son over (with me signing the affidavit of support) Does she qualify as a "permanent" resident eventhough her green card is still "conditional" (i.e. 2 years)?

I checked out the forms and for a son under the age of 21 (he is only 7), I think I need to file the following (he is coming from Thailand):

I-130

copy of Birth Certificate

copy of name change certificates for her son

Letter for the thai government saying that she has custody of her son as shown on the US Embassy - Bangkok website

Do I need to file anything else? It didn't ask for an affidavit of support in the instructions which I thought was odd.

Any advice would be appreciated

Curtis

You will want to file the I-130 with you as the step parent, not your wife as the parent. The immigration status (priority) for an immediate relative (child or step-child) is different depending on whether the child/stepchild is being petitioned by a US citizen or a permanent resident.

Go here and read the difference:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4c2515d27cf73210VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD

And on page 1 of this PDF

http://www.uscis.gov/USCIS/Resources/A1en.pdf

Your stepson will get here much faster if you are the petitioner. With you filing as the petitioner, you will also need a copy of your marriage certificate to your wife that establishes the stepparent relationship.

John

[j0hnga1t 0]

Thanks for the replies and support. John, I'll checkup on the links. THANKS