S. citizenship is the applicant’s number 1 intent behind travel

(c) (U) When you have reason to think the fresh new candidate will provide beginning in their stay-in the us, you have to presume you to giving birth with the objective of having You. This assumption is actually rebuttable, meaning this new candidate is defeat the fresh expectation they are travel on the top intent behind getting U.S. citizenship towards man for those who dictate that applicant enjoys founded, on satisfaction, yet another and permissible priple, a candidate you are going to overcome the brand new presumption whether they have a medically tricky maternity and have developed to have specialized healthcare about All of us, given that such as for instance certified care and attention is not found in otherwise close to the country the spot where the applicant everyday lives. In this situation, you can even finish the new applicant’s number 1 aim of travel is for official medical care, in place of trying U.

(d) (U) Health care isn’t the best way the latest expectation are going to be rebutted. Such, when the a-b nonimmigrant visa applicant’s number one purpose to have journey to the united states will be to go to a death relative, and you will inside visit the applicant may give beginning on You because maternity deadline overlaps on family member’s last requested months from lifetime, brand new applicant can rebut the brand new assumption. In this case, the candidate need to fill you up your primary objective should be to head to a demise relative in the place of to find U.S. citizenship for children. Likewise, an applicant having a-b nonimmigrant visa whom you conclude does perhaps not intend to, and will not, provide beginning in the us, otherwise whom if not rebuts the brand new presumption that they intend to traveling to the You mostly to track down You.S. citizenship to own a child, really should not be refused solely once the candidate is otherwise seeks being expecting. In the event the a kid do acquire You.S. citizenship from the delivery if the born outside of the Us, the expectation will not implement.

(e) (U) The reality that an applicant have a decideded upon birth package with a physician or medical in america, or simply conveys an inclination supply birth about Joined States over almost every other towns, is not sufficient to rebut the fresh new expectation that the top purpose regarding take a trip try getting U. You to definitely key element you have to know is whether the fresh new candidate provides accessibility realistic medical care in the or nearby the country in which the newest applicant life.

Come across nine FAM 302

(f) (U) When the a visa applicant’s number one intent behind traveling is always to let otherwise praise several other visa candidate whose application doesn’t qualify for charge issuance, you will want to directly take a look at whether or not the applicant have a different sort of, legitimate, function of traveling. The possible lack of for example a legitimate function of travel you’ll shed question to their trustworthiness and degree getting a b charge. 1-2(B) having tips about employing INA 214(b).

(U) A candidate continuing for the You to xdating PЕ™ihlГЎsit se help you wed a You.S. citizen petitioner in this 90 days out-of entryway is classifiable as a good K-step 1 nonimmigrant under INA 101(a)(15)(K). Pick twenty two CFR . Brand new fianc(e) off a beneficial You.S. citizen otherwise legitimate long lasting resident (LPR) can get, but not, become classified as a b-2 guest while came across your fianc(e) plans to go back to a house abroad after the wedding. A-b-2 visa could be issued to a candidate coming to the usa:

S. citizenship into child

(U) Fianc(e)s just who present a residence abroad that they propose to return, and you may who will be if you don’t qualified to receive visas, meet the criteria having B-2 visas in the event your intent behind brand new go to should be to get married a good nonimmigrant in the usa inside a legitimate nonimmigrant F, H, J, L M, O, P, or Q status. You ought to recommend the newest fianc(e) to try to get a general change in nonimmigrant status compared to that out-of the newest by-product of one’s nonimmigrant lover following the wedding so you’re able to the fresh new nearby work environment of Agency from Homeland Safeguards (DHS). B reputation isn’t suitable if the fianc(e) intends to remain forever in the united states immediately after entry, even in the event they will seek to get it done from the filing an enthusiastic variations or changes from reputation application.