Hi all,
We (USC and Peruvian citizen pending AOS) want to travel to Canada. In the past my spouse had a visitors visa to go to Canada, but he was a student at the time. Now it feels like he has no status, so I hate to apply and lose the $$ on the visa fee for nothing if we have no chance of approval.

Does anyone have experience with this?

Your spouse will need to apply for AP or wait until he gets his green card...

I believe that if he required a visa before as a Peruvian citizen, then he will still require a visa to get to Canada - that plus his Advance Parole from the US government that will allow him to return to the US. US Citizens and those who have already received their permanent residence status are allowed to enter Canada without a visa regardless of their initial citizenship. Since he is still waiting for his permanent residence status, he is still governed by the same rules that apply to his Peruvian citizenship. You can double check that, however, on the Candian Department of Citizenship & Immigration http://www.cic.gc.ca/english/index.html.

I am assuming, of course, that you do have the Advance Parole from the US. Getting the visa for Canada allows him to enter Canada. If he leaves the US and does not have Advance Parole from the US government, he will not be allowed to re-enter the US and his current application for AOS will be considered abandoned. You would have to start all over again from the beginning to get him back into the US by filing an I-130 spousal form, so make sure you have the AP document before you go about getting the visa from the Canadian Consulate.

Correct! I checked this with the Canadian Embassy (Penn Av) last year.

Well, what she is asking is if you think that he has any chances to get that visa approved.
IMO it will depend on his status here... Whether is working or not, if is making enough money, etc, so that he can prove that he will leave the country (Canada) after the visit.

There is never a guarantee that anyone who applies for a visa will get one, however, with an application for adjustment of status pending with the US government and having pursued an immigration application with a US citizen - who does not have immigration rights in Canada - it seems highly likely that they would approve the visa unless there are other mitigating circumstances - previous abuse of a visa to Canada, criminal charges, etc. When you apply for the visa be sure to mention the pending AOS application to show that his intent to return to the US is quite apparent. If it were me in the same situation, I would apply for the visa.

Thanks everyone for your responses. This is what I found out when I wrote to Immigration Canada.
Looks like if we can prove he is employed this is helpful. And yes, hubby has AP.

Dear Sir/Madam:

Answers to your questions are given within the text of your e-mail. For more
information on Temporary Resident Visa (TRV) to Canada, you may visit the
following web-page:
http://geo.international.gc.ca/can-am/detr...ructions-en.asp



Immigration and Visas - 14
Canadian Consulate General/ Consulat général du Canada
600 Renaissance Centre, Suite 1100
Detroit, Michigan 48243-1798
Phone: (313) 567-2085
Fax: (313) 567-2125
E-mail: detroit-im-enquiry@international.gc.ca
Sites : http://www.cic.gc.ca or http://Detroit.gc.ca.

Disclaimer: By supplying your email address, you are initiating an email
communication with CIC and thereby authorizing CIC to use your email address
for communication with you including the transmission of personal information
on your file/case.
+++++++++++++++

Désistement : En fournissant votre adresse électronique, vous établissez une
communication par voie électronique avec CIC et, par conséquent, CIC est
autorité à utiliser l'adresse électronique fournie à cette fin, y compris
pour la transmission de renseignements personnels au sujet de votre
dossier/cas.


Subject: visitor visa application question


To Whom It May Concern:

I write to request information on the documentation required for an adjustment
of status applicant (green card applicant - pending approval) who would like to
visit Canada.

My husband (Peruvian citizen) and I (US citizen) would like to visit Canada in
the next few months. Before we married, he was a student in the U.S. and
visited Canada on a visitor visa, which has now expired.

These are our questions:

1. What "status" should he indicate on the visitor visa application? He applied
to adjust his nonimmigrant status to immigrant permanent resident in September
2006. The case is pending.
****UNLESS HE BECOMES PERMANENT RESIDENT OF U.S, HE WOULD BE A "TEMPORARY
RESIDENT"*******

2. He is currently working full time, has an employment authorization document,
and has Advanced Parole. Should copies of these be submitted?

YES. Along
with the advance parole and EAD card, evidence of current employment and recent
bank statement be also submitted.

Thank you in advance for your assistance.

Sincerely,