(c) (U) For those who have reason to believe brand new candidate can give delivery during their stay in the united states, you need to think one to pregnancy with the aim of experiencing You. This assumption try rebuttable, meaning the fresh candidate can overcome the assumption they are travelling towards number 1 function of obtaining You.S. citizenship into the man if you influence your applicant features centered, on the pleasure, a separate and you will permissible priple, a candidate you will defeat the newest presumption if they have a medically complicated pregnancy and have created to possess official health care on the Us, as the such as for instance specialized care is not found in or nearby the country where in actuality the candidate physical lives. In this case, it’s also possible to end this new applicant’s no. 1 intent behind travelling is actually for authoritative medical care, in the place of looking to U.
(d) (U) Health care is not necessarily the best way this new expectation is rebutted. Such as for example, in the event the a b nonimmigrant visa applicant’s number 1 mission to own happen to be the united states would be to head to a death friend, and you will during the look at the applicant can provide delivery regarding the All of us while the pregnancy deadline overlaps to your household members member’s history requested days out-of lives, the applicant is able to rebut the new presumption. In this case, new candidate need fill you up your number 1 purpose should be to check out a death relative in the place of to acquire U.S. citizenship loveaholics Podpora to possess children. Also, a candidate to own a b nonimmigrant visa the person you finish does maybe not propose to, and won’t, give birth in america, otherwise whom if you don’t rebuts the fresh new presumption which they intend to travel toward You primarily to locate You.S. citizenship to own a child, must not be denied only since applicant was otherwise seeks becoming expecting. In the event that children create and obtain You.S. citizenship at the delivery when the born away from United states, the brand new assumption cannot apply.
(e) (U) The fact a candidate have a decideded upon beginning package which have a doctor or hospital in the us, or conveys a desires provide birth about United Claims more other metropolises, is not adequate to rebut new expectation one their first goal off travelling try acquiring You. You to definitely key element you have to know is if new candidate possess access to practical medical care within the or nearby the country where the fresh new candidate schedules.
Come across nine FAM 302
(f) (U) When the a charge applicant’s number 1 purpose of travelling is to let otherwise supplement other visa applicant whose application doesn’t be eligible for visa issuance, you should directly consider whether or not the candidate provides another, genuine, intent behind travel. The possible lack of such a valid function of traveling you may shed question on the credibility and you will qualification to possess a-b charge. 1-2(B) to own ideas on the usage INA 214(b).
(U) An applicant continuing for the All of us to marry an effective U.S. citizen petitioner contained in this ninety days off entryway try classifiable because a beneficial K-step 1 nonimmigrant around INA 101(a)(15)(K). See 22 CFR . This new fianc(e) out-of good U.S. resident or legal permanent citizen (LPR) will get, not, end up being classified since the a-b-2 guest whenever you are came across that the fianc(e) plans to come back to a house overseas following the marriage. A b-2 charge can be provided so you can a candidate coming to the us:
S. citizenship on man
(U) Fianc(e)s which establish a home abroad that they decide to return, and you will that are if not qualified to receive visas, meet the criteria getting B-dos visas whether your intent behind this new check out will be to wed a great nonimmigrant in the united states in a valid nonimmigrant F, H, J, L M, O, P, otherwise Q standing. You ought to suggest the brand new fianc(e) to apply for a modification of nonimmigrant condition to that particular out of the fresh new by-product of the nonimmigrant lover after the marriage in order to this new nearest work environment out-of Department out of Homeland Security (DHS). B reputation is not compatible if your fianc(e) intends to are nevertheless permanently in america after entry, even if they will seek to get it done by the processing a keen modifications or alter of reputation app.