(c) (U) For those who have reasoning to think new candidate offers beginning throughout their stay static in the us, you have to assume you to giving birth with the aim of experiencing You. That it assumption is rebuttable, definition the new applicant can be overcome the fresh presumption that they are travelling to the number 1 reason for obtaining You.S. citizenship on guy for individuals who determine the applicant possess dependent, to the fulfillment, a different and you may permissible priple, a candidate you’ll beat the assumption if they have a medically challenging pregnancy and possess created getting specialized healthcare regarding the United states, due to the fact instance certified care and attention is not for sale in or close to the nation where the candidate resides. In this instance, you are able to end the newest applicant’s primary intent behind travelling is for specialized medical care, as opposed to seeking to U.
(d) (U) Medical care isn’t the best way the brand new presumption can be rebutted. Eg, if a b nonimmigrant charge applicant’s number 1 objective to have journey to the usa should be to visit a passing relative, and you will in the go to the candidate may give birth in the United states because pregnancy deadline overlaps into friends member’s last expected days out of lives, the brand new applicant might possibly rebut new presumption. In this case, the brand new candidate need certainly to satisfy you that number one purpose will be to head to a death relative as opposed to discover You.S. citizenship for children. Similarly, a candidate to own a-b nonimmigrant charge the person you conclude does not plan to, and does not, provide delivery in america, or just who otherwise rebuts the fresh presumption that they want to take a trip toward United states mainly locate You.S. citizenship to possess a young child, must not be rejected solely as applicant was or aims in order to become pregnant. In the event the a kid carry out to get You.S. citizenship at the birth in the event that created outside of the United states, the latest assumption doesn’t pertain.
(e) (U) The truth that an applicant have an agreed upon beginning plan that have a physician otherwise healthcare facility in america, or maybe just conveys a choice giving delivery from the Joined Claims over almost every other places, isn’t enough to rebut the fresh assumption that its primary purpose from travel was getting U. You to definitely key element you should know is whether or not the fresh new applicant features access to sensible medical care during the or close to the nation where the new candidate resides.
Discover nine FAM 302
(f) (U) If a visa applicant’s number one aim of traveling would be to let otherwise accompany another charge candidate whoever application doesn’t be eligible for visa issuance, you need to directly consider whether or not the candidate enjoys another type of, genuine, aim of traveling. Having less like a legitimate reason for travelling you certainly will shed doubt to their credibility and you can qualification to possess a b visa. 1-2(B) for some tips on the usage of INA 214(b).
(U) An applicant proceeding for the United states so you can wed good You.S. citizen petitioner contained in this 90 days regarding admission was classifiable since good K-step one nonimmigrant below INA 101(a)(15)(K). Look for 22 CFR . The latest fianc(e) from a good You.S. citizen otherwise lawful permanent citizen (LPR) may, although not, end up being categorized because the a b-dos guest when you are fulfilled that the fianc(e) intentions to go back to a residence overseas after the wedding. A b-dos charge can certainly be approved so you’re able to a candidate arriving at the usa:
S. citizenship into the man
(U) Fianc(e)s who expose a home overseas to which it plan to come back, and you may that happen to be otherwise entitled to visas, are eligible to possess B-dos visas if the function of the newest see should be to get married good nonimmigrant in the usa into the a legitimate nonimmigrant F, H, J, L M, O, P, otherwise Q status. You will want to indicates the fresh new fianc(e) to apply for a modification of nonimmigrant status to that out of the new derivative of one’s nonimmigrant lover after the wedding in order to the newest nearby place of work of Company of Homeland Safeguards (DHS). B standing isn’t suitable if for example the fianc(e) intentions to are nevertheless permanently in america after admission, regardless of if they would seek to do so from the filing an improvement or change from position software.