(c) (U) When you have reason to think the newest candidate deliver delivery in their stay in the usa, you have to presume one to giving birth with the objective of obtaining You. It presumption are rebuttable, definition the newest candidate can be overcome brand new assumption that they are travel towards number 1 aim of obtaining You.S. citizenship into the man for those who influence your applicant keeps mainly based, to your pleasure, a different and permissible priple, an applicant you will beat the assumption whether they have a medically complicated pregnancy as well as have create to have formal medical care on United states, due to the fact particularly formal proper care isn’t found in otherwise near the nation where the applicant resides. In this situation, it’s also possible to conclude the brand new applicant’s number 1 aim of traveling is actually for authoritative health care, instead of seeking U.
(d) (U) Health care isn’t the best possible way brand new assumption shall be rebutted. Such, if a b nonimmigrant visa applicant’s top mission to possess go the usa is always to head to a dying relative, and you will within the check out the applicant can provide birth regarding United states since maternity due date overlaps to your family member’s history asked weeks out of life, the brand new applicant might possibly rebut the newest presumption. In cases like this, this new applicant need certainly to fill you up the number 1 goal is to visit a dying cousin instead of to get U.S. citizenship to possess children. Also, an applicant to own a-b nonimmigrant visa the person you stop does not want to, and does not, offer delivery in the us, or who otherwise rebuts the fresh new expectation which they intend to traveling for the Us mainly to find U.S. citizenship having a kid, must not be denied exclusively as applicant was otherwise seeks becoming pregnant. If a kid manage and get You.S. citizenship during the birth when the born outside the Us, new expectation doesn’t incorporate.
(e) (U) The point that a candidate keeps an arranged delivery package with a health care professional otherwise medical center in the usa, or conveys a choice provide beginning regarding Joined Says more almost every other places, isn’t enough to rebut the latest assumption one to its primary objective from traveling try obtaining You. One important element you should know is if the fresh applicant keeps the means to access sensible healthcare in or around the country in which this new candidate life.
Pick 9 FAM 302
(f) (U) In the event that a charge applicant’s primary purpose of take a trip is always to assist or go with some other visa applicant whose software does not be eligible for charge issuance, you really need to directly check whether the candidate possess a separate, genuine, function of take a trip. Having less such as a legitimate intent behind take a trip you will definitely shed question on their trustworthiness and you can certification getting a-b charge. 1-2(B) to possess information the utilization of INA 214(b).
(U) A candidate proceeding on the United states in order to marry an effective You.S. resident petitioner in this 90 days out of admission is classifiable once the a beneficial K-1 nonimmigrant lower than INA 101(a)(15)(K). Get a hold of 22 CFR . The fresh new fianc(e) of a You.S. citizen otherwise legitimate long lasting resident (LPR) can get, yet not, become categorized since the a-b-dos visitor while you are fulfilled that fianc(e) intends to come back to a house abroad soon after the marriage. A b-2 visa could be approved to an applicant coming to the usa:
S. citizenship into child
(U) Fianc(e)s whom present a house overseas to which they decide to come back, and you may that are or even entitled to visas, meet the criteria to possess B-dos visas if for example the purpose of the new check out is always to wed a great nonimmigrant in the united states within the a legitimate nonimmigrant F, H, J, L Meters, O, P, otherwise Q position. You should advise brand new fianc(e) to apply for a modification of nonimmigrant position to that out of the brand new by-product of the nonimmigrant mate after the marriage so you can new nearby place of work regarding Department away from Homeland Safety (DHS). B reputation is not compatible in case your fianc(e) intentions to will always be forever in the united states after admission, even if they’d seek to do so because of the filing an enthusiastic modifications or alter off status application.