(c) (U) For those who have reason to believe the fresh candidate offers beginning in their stay in the us, you are required to presume that having a baby for the purpose of having U. So it presumption is actually rebuttable, meaning the applicant normally defeat this new expectation they are travelling towards top aim of getting You.S. citizenship towards man for folks who dictate the applicant possess based, on fulfillment, an alternate and you will permissible priple, a candidate you will beat the fresh assumption whether they have a clinically complicated pregnancy as well as have developed for specialized health care about All of us, once the instance formal worry isn’t obtainable in or around the country where the applicant resides. In such a case, it is possible to end the fresh applicant’s number one aim of traveling is actually for specialized healthcare, rather than looking to U.
(d) (U) Healthcare is not the best possible way this new expectation will likely be rebutted. Such, in the event the a-b nonimmigrant visa applicant’s number one objective to own go to the usa would be to see a death family member, and you will inside the visit the applicant may give birth in the Us given that pregnancy deadline overlaps to your relatives member’s last expected months from life, the brand new applicant is able to rebut the new assumption. In such a case, the fresh candidate need certainly to fill you up that number 1 goal should be to see a death relative as opposed to to obtain U.S. citizenship to possess a young child. Also, a candidate for a b nonimmigrant visa the person you finish does maybe not propose to, and does not, promote birth in the us, or just who if not rebuts the newest expectation that they want to take a trip towards United states generally to locate You.S. citizenship for a kid, must not be refuted solely as candidate are otherwise intends to become expecting. When the a child carry out and acquire You.S. citizenship at beginning if created outside of the United states, the presumption doesn’t incorporate.
(e) (U) That an applicant enjoys a decideded upon birth plan having a physician or medical facility in the united states, or simply just expresses a preference to provide beginning on United States over other places, is not adequate to rebut the assumption one their primary objective out-of take a trip was obtaining U. One key element you must know is if the new candidate keeps use of sensible healthcare in the or close to the country where the latest candidate physical lives.
Discover 9 FAM 302
(f) (U) If the a charge applicant’s top aim of travel would be to assist otherwise compliment some other visa candidate whose app doesn’t qualify for charge issuance, you will want to closely have a look at whether or not the applicant provides an alternative, genuine, aim of travel. The lack of for example a legitimate purpose of take a trip you certainly will shed question to their dependability and degree getting a b charge. 1-2(B) to have suggestions for using INA 214(b).
(U) A candidate continuing into the You so you’re able to wed a great You.S. resident petitioner inside ninety days regarding entryway is classifiable because the a beneficial 
K-step 1 nonimmigrant not as much as INA 101(a)(15)(K). Come across 22 CFR . The fianc(e) out-of a good U.S. resident otherwise lawful long lasting citizen (LPR) can get, however, end up being classified while the a b-dos invitees while you are fulfilled that the fianc(e) intentions to return to a house overseas following the wedding. A b-2 charge can also be granted to an applicant going to the us:
S. citizenship into the guy
(U) Fianc(e)s whom present a house overseas that it want to get back, and you will that if not qualified to receive visas, are eligible for B-2 visas should your reason for brand new check out is to try to get married a beneficial nonimmigrant in america in a valid nonimmigrant F, H, J, L Meters, O, P, or Q status. You will want to advise the latest fianc(e) to try to get a modification of nonimmigrant position to that particular out of the brand new derivative of one’s nonimmigrant partner soon after the marriage so you’re able to this new nearest work environment of Institution away from Homeland Cover (DHS). B condition is not suitable in the event your fianc(e) intends to remain permanently in the usa just after entryway, though they’d seek to do so of the filing an improvement otherwise transform from updates application.