(c) (U) When you yourself have need to think the new applicant will give birth during their remain in the united states, you have to assume you to pregnancy with the objective of experiencing You. It expectation is rebuttable, meaning the newest applicant can be overcome the expectation that they are travel for the top purpose of acquiring U.S. citizenship towards the kid for folks who dictate your candidate have established, towards the fulfillment, a different sort of and you may permissible priple, a candidate might defeat the fresh new presumption whether they have a clinically tricky pregnancy and have now install to have authoritative healthcare on the You, once the for example certified worry is not found in or around the nation where in fact the applicant resides. In such a case, you may want to ending brand new applicant’s number one purpose of travelling is for formal medical care, in lieu of trying U.S. citizenship to your son.
(d) (U) Health care is not the best possible way new presumption are going to be rebutted. Like, when the a-b nonimmigrant charge applicant’s first goal for happen to be the usa is to try to go to a dying partner, and you will within the go to the applicant may give birth regarding You because pregnancy due date overlaps into nearest and dearest member’s history questioned days of lifestyle, the brand new candidate might possibly rebut the newest presumption. S. citizenship to own a young child. Furthermore, a candidate to own a b nonimmigrant charge the person you ending really does maybe not propose to, and will not, bring delivery in the us, or who otherwise rebuts the new assumption which they propose to traveling to the You generally to get U.S. citizenship to possess a kid, must not be denied only just like the applicant is actually otherwise aims to be expecting. In the event the a child perform and get You.S. citizenship in the birth when the produced beyond your You, brand new assumption does not use.
(e) (U) The fact a candidate features an arranged beginning plan with a health care professional otherwise medical facility in america, or perhaps conveys a desires giving beginning on the United States more most other places, isn’t enough to rebut new expectation one to their top purpose out-of travelling try acquiring You.S. citizenship on guy. One to important element you must know is if the fresh applicant provides access to reasonable health care in or near the nation in which new applicant resides.
(f) (U) If a visa applicant’s number one aim of travelling is to help or compliment some other charge candidate whose app cannot be eligible for charge issuance, you will want to directly consider whether or not the applicant has a different, legitimate, function of travelling. The possible lack of particularly a valid reason for travel you’ll shed doubt to their credibility and you may degree to own a-b visa. See 9 FAM 302.1-2(B) to possess information making use of INA 214(b).
See twenty-two CFR
(U) A candidate proceeding for the Us so you can get married an excellent U.S. resident petitioner inside 90 days from admission try classifiable once the an effective K-step one nonimmigrant around INA 101(a)(15)(K). The new fianc(e) from a good U.S. resident otherwise legal long lasting resident (LPR) may, not, getting classified once the a-b-2 guest whenever you are met your fianc(e) intentions to come back to a residence overseas soon after the marriage. A-b-dos charge can be awarded to an applicant going to the usa:
In this instance, the newest applicant need to satisfy you that the top purpose should be to visit a dying cousin as opposed to to acquire You
(U) Fianc(e)s whom introduce a property overseas that it want to come back, and you will who are otherwise entitled to visas, meet the criteria getting B-dos visas in the event your function of the fresh new see is to wed a good nonimmigrant in america during the a legitimate nonimmigrant F, H, J, L Meters, O, married dating in San Diego city P, otherwise Q status. You will want to recommend the latest fianc(e) to try to get a modification of nonimmigrant updates to that away from this new derivative of your nonimmigrant companion soon after the marriage in order to the newest nearby place of work out of Agency from Homeland Safeguards (DHS). B reputation is not appropriate should your fianc(e) plans to continue to be permanently in the usa shortly after entryway, whether or not they’d seek to do it from the processing an adjustment otherwise changes out-of condition application.