(c) (U) When you have need to trust new candidate will offer birth throughout their stay in the us, you need to presume one to having a baby for the purpose having U. Which expectation are rebuttable, meaning the candidate can be beat the fresh presumption that they are travelling into top intent behind acquiring You.S. citizenship into the guy for those who dictate the candidate has actually dependent, on fulfillment, a separate and you may permissible priple, a candidate might defeat the fresh assumption whether they have a medically challenging maternity and then have arranged to possess certified health care about You, given that like authoritative proper care is not for sale in or close to the nation where in fact the applicant lives. In this situation, you are able to end the latest applicant’s top reason for travel is actually for specialized healthcare, instead of seeking to U.
(d) (U) Healthcare is not necessarily the best possible way brand new expectation are going to be rebutted. Such, if the a-b nonimmigrant visa applicant’s number 1 purpose for happen to be the usa will be to visit a dying cherished one, and you can in the visit the applicant can provide birth regarding United states as the pregnancy due date overlaps on the family members member’s past asked months of existence, the fresh new applicant might be able to rebut the newest assumption. In this situation, the fresh candidate need satisfy you the first purpose will be to visit a death cousin rather than to get You.S. citizenship getting a kid. Likewise, a candidate to have a-b nonimmigrant charge who you ending do maybe not intend to, and will not, render beginning in the usa, or exactly who if not rebuts the fresh expectation that they decide to travel towards the All of us mainly to locate U.S. citizenship to have a child, must not be rejected only since candidate was or aims to become expecting. In the event the a young child carry out and acquire U.S. citizenship at the beginning if the created outside the Us, the brand new expectation does not incorporate.
(e) (U) The fact that a candidate provides a decided beginning bundle having a physician otherwise medical facility in the us, or maybe just conveys a desires to offer delivery on Joined States more than other towns and cities, isn’t adequate to rebut this new presumption you to their no. 1 purpose regarding traveling try acquiring You. That key element you must know is whether or not the fresh applicant has accessibility reasonable health care inside otherwise close to the country where the fresh applicant life.
Get a hold of 9 FAM 302
(f) (U) In the event the a charge applicant’s number 1 function of travel is always to assist or match some other visa applicant whose app will not be eligible for charge issuance, you will want to directly view if match PЕ™ihlГЎsit se the candidate keeps another type of, legitimate, function of travelling. The possible lack of such as for instance a legitimate intent behind travelling could cast doubt on their dependability and you can certification getting a-b charge. 1-2(B) to have some tips on employing INA 214(b).
(U) A candidate proceeding for the All of us to help you get married an effective You.S. citizen petitioner contained in this 90 days out-of entry is actually classifiable since the good K-1 nonimmigrant below INA 101(a)(15)(K). Come across twenty-two CFR . The fresh new fianc(e) away from an excellent You.S. resident or legal permanent citizen (LPR) will get, however, feel classified since a b-dos visitor whenever you are fulfilled that the fianc(e) intentions to go back to a home abroad following the wedding. A b-2 visa may also be issued to an applicant going to the united states:
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(U) Fianc(e)s whom expose a home overseas that they plan to go back, and you will who will be otherwise eligible for visas, meet the requirements to have B-dos visas in case your purpose of brand new visit is to try to marry good nonimmigrant in the usa into the a valid nonimmigrant F, H, J, L Yards, O, P, otherwise Q condition. You need to suggest the fresh new fianc(e) to apply for a general change in nonimmigrant condition to that out-of brand new by-product of nonimmigrant lover after the marriage so you’re able to the fresh new nearby work environment out of Agency regarding Homeland Cover (DHS). B reputation is not compatible in case the fianc(e) intentions to are permanently in america once admission, though they might attempt to do it by the submitting an enthusiastic variations otherwise change away from reputation app.