(c) (U) If you have need to trust the new applicant offers beginning during their stay in the us, you are required to assume one to pregnancy with the aim of having U. Which presumption is rebuttable, definition the latest candidate normally defeat the newest presumption they are travel to the number one purpose of obtaining U.S. citizenship to your child if you influence the applicant provides built, for the satisfaction, another type of and you may permissible priple, a candidate you’ll defeat brand new presumption whether they have a clinically challenging pregnancy and get install getting formal health care from the All of us, since the such as specialized care isn’t for sale in otherwise near the nation in which the applicant schedules. In this case, you could stop the applicant’s number 1 aim of travelling is for authoritative health care, instead of trying to U.S. citizenship to the guy.

(d) (U) Medical care isn’t the only way the fresh new presumption would be rebutted. Like, in the event the a b nonimmigrant charge applicant’s first objective getting go the united states would be to see a death family member, and in the check out the applicant may give beginning in the Us since pregnancy deadline overlaps towards household members member’s last requested days of existence, the applicant might possibly rebut this new expectation. S. citizenship to possess a child. Similarly, an applicant getting a-b nonimmigrant charge the person you end does not plan to, and does not, promote birth in the us, otherwise who if you don’t rebuts brand new assumption which they intend to take a trip toward United states generally to find You.S. citizenship to possess a child, really should not be denied solely due to the fact applicant is actually otherwise aims to be expecting. In the event the a kid perform and obtain U.S. citizenship at the delivery if the produced outside of the You, new expectation cannot incorporate.

(e) (U) The fact that an applicant keeps an arranged delivery plan which have a health care provider otherwise medical in the us, or simply just expresses a preference giving birth about United Says more almost every other metropolises, isn’t sufficient to rebut the newest expectation that the primary objective regarding traveling is actually obtaining U.S. citizenship towards boy. One key factor you must know is if the applicant keeps use of practical medical care when you look at the or around the nation where the fresh new candidate physical lives.

(f) (U) If the a charge applicant’s first reason for travelling is to try to assist or supplement several other visa applicant whoever app does not be eligible for visa issuance, you really need to closely glance at whether the candidate provides a new, genuine, purpose of travelling. The deficiency of instance a valid intent behind travel you are going to throw doubt to their credibility and you will certification to have a-b charge. Get a hold of 9 FAM 302.1-2(B) having recommendations on using INA 214(b).

Select twenty two CFR

(U) An applicant continuing towards Us so you can wed an excellent U.S. citizen petitioner within ninety days out-of entryway try classifiable because the an excellent K-step one nonimmigrant around INA 101(a)(15)(K). The fianc(e) out of an excellent U.S. resident or lawful permanent citizen (LPR) can get, although not, end up being categorized as the a b-2 visitor if you find yourself met your fianc(e) intends to come back to a residence abroad soon after the marriage. A-b-dos visa may also be provided in order to a candidate visiting the us:

In this situation, this new candidate need certainly to fill you up that the top goal is to see a demise relative in place of to track down You

(U) Fianc(e)s exactly who present a home overseas to which they intend to return, and you may who happen to be otherwise qualified to receive visas, qualify getting B-2 visas in the event your purpose of the new head to is to marry a beneficial nonimmigrant in the us when you look at the a legitimate nonimmigrant F, H, J, L Yards, O, P, or Q condition. You should indicates the fianc(e) to apply for a change in nonimmigrant position compared to that out of the fresh new by-product of nonimmigrant spouse after the marriage so you can brand new nearby workplace away from Institution off Homeland Safeguards (DHS). B reputation is not appropriate in case the fianc(e) intentions babylon escort Louisville KY to will always be permanently in the usa after admission, in the event they will seek to exercise by the submitting an changes or transform out of condition app.