(c) (U) If you have need to think brand new candidate can give delivery throughout their stay-in the united states, you need to think that pregnancy with the objective of having You. So it presumption is actually rebuttable, definition brand new applicant is also overcome new presumption that they are travelling with the first function of obtaining You.S. citizenship towards the kid for many who influence that the candidate provides dependent, on satisfaction, an alternate and you can permissible priple, an applicant might overcome the newest expectation whether they have a medically difficult maternity and have setup to possess official medical care on United states, due to the fact including authoritative care is not for sale in otherwise nearby the nation where in actuality the applicant everyday lives. In this case, you’ll be able to end new applicant’s number one function of travel is actually for formal medical care, in the place of seeking to U.

(d) (U) Healthcare is not necessarily the best possible way the newest assumption should be rebutted. Such, if the a-b nonimmigrant charge applicant’s primary objective having visit the us would be to see a demise relative, and you will into the visit the applicant can provide delivery in the United states given that pregnancy deadline overlaps on relatives member’s history expected months off lives, the fresh new applicant is able to rebut the newest presumption. In this case, new candidate need to fill you up the top goal is to head to a death cousin unlike to locate You.S. citizenship getting a kid. Furthermore, an applicant to possess a-b nonimmigrant charge the person you end really does not propose to, and does not, render delivery in the usa, otherwise who if not rebuts the new presumption which they intend to travelling toward Us mostly locate You.S. citizenship to possess children, shouldn’t be denied exclusively as the candidate try or intends becoming pregnant. In the event that a young child carry out to get You.S. citizenship at the beginning in the event the created outside the You, the fresh assumption does not pertain.

(e) (U) The truth that an applicant has actually a decided beginning package having a health care provider otherwise medical in america, or maybe just expresses a desires provide delivery in the Joined Claims more than almost every other locations, is not enough to rebut brand new assumption you to definitely its first purpose out-of travelling are acquiring You. One to key element you have to know is whether the new applicant possess accessibility reasonable medical care inside or close to the nation where this new candidate schedules.

Look for 9 FAM 302

(f) (U) If a visa applicant’s top reason for traveling will be to assist or match several other charge candidate whoever application doesn’t qualify for charge issuance, you need to directly take a look at if the candidate has another, genuine, aim of travelling. Having less eg a valid purpose of traveling you will definitely cast question on their dependability and you can degree for a b visa. 1-2(B) to have suggestions for the use of INA 214(b).

(U) A candidate continuing towards the Us so you’re able to wed a You.S. citizen petitioner in this 90 days away from entryway was classifiable because an effective K-1 nonimmigrant below INA 101(a)(15)(K). Pick 22 CFR . The fresh new fianc(e) out-of an excellent You.S. citizen otherwise legitimate long lasting citizen (LPR) may, but not, become classified because the a b-dos guest while met the fianc(e) intends to go back to a residence overseas appropriate the marriage. A-b-dos visa can be provided in order to an applicant going to the united states:

S. citizenship into the son

(U) Fianc(e)s just who expose a house overseas to which it want to return, and you may who happen to be otherwise qualified to receive visas, qualify having B-dos visas when your purpose of the newest head to is always to get married good nonimmigrant in america when you look at the a valid nonimmigrant F, H, J, L Meters, O, P, otherwise Q condition. You need to indicates the fresh fianc(e) to try to get a general change in nonimmigrant standing compared to that off the new by-product of the nonimmigrant spouse appropriate the marriage to the nearest place of work out of Institution out of Homeland Shelter (DHS). B condition is not appropriate whether your fianc(e) intentions to are forever in the united states just after admission, although they would attempt to exercise from the processing a keen variations or changes of condition software.