(c) (U) When you yourself have reasoning to believe the fresh new candidate will provide birth throughout their remain in the united states, you have to assume you to pregnancy for the purpose of getting You. Which presumption try rebuttable, meaning the brand new candidate is beat the new assumption that they are take a trip on the no. 1 purpose of getting U.S. citizenship into the kid for those who influence Lewisville escort the applicant have created, on fulfillment, a different and permissible priple, a candidate you will overcome the fresh assumption whether they have a medically challenging maternity and then have install having authoritative healthcare regarding the You, just like the such certified proper care is not in or nearby the country where in fact the applicant schedules. In this case, you can also ending the fresh new applicant’s first reason for take a trip is actually for formal health care, rather than seeking to You.S. citizenship on the guy.

(d) (U) Medical care isn’t the only way the fresh assumption would be rebutted. Like, if the a-b nonimmigrant charge applicant’s number 1 objective to possess travel to the us would be to visit a dying relative, and during the go to the candidate can provide birth on United states since maternity deadline overlaps towards family relations member’s past asked months from lives, this new applicant could possibly rebut the latest expectation. S. citizenship to own children. Also, an applicant for a-b nonimmigrant visa who you end do maybe not intend to, and will not, offer beginning in america, or whom or even rebuts brand new presumption that they plan to take a trip towards the United states mostly locate U.S. citizenship to own a child, really should not be rejected only given that candidate was or seeks becoming pregnant. When the children carry out to get You.S. citizenship within birth if born away from You, the brand new presumption doesn’t incorporate.

(e) (U) That a candidate has actually a decideded upon birth bundle that have a health care provider otherwise medical center in the united states, or maybe just conveys a desires supply birth throughout the Joined Claims over almost every other metropolitan areas, isn’t enough to rebut new presumption you to the number one objective from take a trip is obtaining U.S. citizenship toward man. One key factor you have to know is whether or not the newest applicant has actually the means to access sensible healthcare when you look at the otherwise close to the country in which this new applicant physical lives.

(f) (U) When the a charge applicant’s no. 1 purpose of take a trip should be to help or go with some other visa candidate whoever software cannot be eligible for visa issuance, you really need to directly examine whether or not the applicant features a new, genuine, purpose of travel. The possible lack of such as for instance a valid function of travel you can expect to throw question to their trustworthiness and you may qualification getting a b charge. Get a hold of nine FAM 302.1-2(B) to possess tips about making use of INA 214(b).

Discover twenty-two CFR

(U) An applicant continuing with the Us in order to marry a great You.S. resident petitioner within this 3 months away from admission are classifiable because the a K-step one nonimmigrant lower than INA 101(a)(15)(K). The fianc(e) from a good You.S. resident otherwise legitimate permanent resident (LPR) could possibly get, although not, feel categorized since the a b-2 guest while you are met your fianc(e) intentions to go back to a home abroad soon after the wedding. A b-2 visa can also be provided to help you an applicant going to the usa:

In this situation, the fresh new candidate have to satisfy you the first objective should be to see a passing relative rather than to locate U

(U) Fianc(e)s just who establish a home overseas to which it propose to get back, and who’re otherwise eligible for visas, are eligible getting B-2 visas if for example the aim of new go to would be to marry an excellent nonimmigrant in the united states during the a valid nonimmigrant F, H, J, L M, O, P, or Q standing. You really need to indicates the latest fianc(e) to apply for a change in nonimmigrant status compared to that out-of the new derivative of your own nonimmigrant companion following the marriage so you can this new nearest office from Service off Homeland Defense (DHS). B updates is not appropriate if the fianc(e) plans to are still permanently in the us immediately after admission, no matter if they would attempt to do it by the submitting an improvement or change regarding reputation app.