(c) (U) For those who have need to trust the brand new applicant can give birth during their stay static in the us, you have to presume one to giving birth with the aim having U. Which presumption try rebuttable, definition the fresh new candidate normally beat the newest expectation they are traveling into number one purpose of acquiring You.S. citizenship to your man for people who determine the candidate have created, into the pleasure, an alternate and you may permissible priple, a candidate you’ll beat the fresh assumption if they have a clinically tricky pregnancy and have put up getting specialized medical care in the Us, just like the eg official proper care is not found in otherwise nearby the country where in actuality the applicant lives. In this case, you may end brand new applicant’s number one intent behind travel is actually for specialized health care, unlike looking to You.S. citizenship to your guy.
(d) (U) Healthcare is not the best possible way the fresh presumption might be rebutted. For example, if the a b nonimmigrant charge applicant’s number 1 purpose for visit the united states is to go to a passing cherished one, and you can inside check out the candidate can provide beginning on United states since the maternity due date overlaps for the family members member’s last asked months of lifetime, the fresh new candidate could probably rebut new presumption. S. citizenship to own a young child. Also, an applicant getting a-b nonimmigrant visa the person you end does not plan to, and will not, offer birth in the us, or exactly who if you don’t rebuts brand new presumption which they want to traveling with the Us mostly to track down U.S. citizenship to have a child, must not be refused exclusively because candidate is otherwise intends becoming expecting. If the a young child would acquire U.S. citizenship within birth in the event the born away from All of us, the expectation does not pertain.
(e) (U) The reality that a candidate has a decideded upon birth bundle with a doctor or medical center in the us, or perhaps conveys an inclination provide beginning from the United Says over other places, isn’t sufficient to rebut the fresh presumption one the primary objective out-of take a trip was obtaining You.S. citizenship toward kid. That key factor you need to know is whether or not the fresh new candidate possess usage of practical health care into the or near the country in which new candidate physical lives.
(f) (U) If the a visa applicant’s top intent behind take a trip is to try to let or supplement other visa candidate whose application does not be eligible for visa issuance, you ought to directly glance at whether the candidate possess yet another, genuine, purpose of travelling. The possible lack of particularly a valid reason for travelling you will throw question to their credibility and you will qualification to possess a b visa. Find 9 FAM 302.1-2(B) for strategies for the usage of INA 214(b).
Discover twenty two CFR
(U) A candidate continuing towards the Us in order to wed a great U.S. resident petitioner within 3 months out of entryway are classifiable due to the fact a good K-step one nonimmigrant below INA 101(a)(15)(K). The brand new fianc(e) regarding an excellent You.S. resident otherwise lawful long lasting citizen (LPR) may, yet not, getting categorized once the a-b-dos guest when you are satisfied that fianc(e) plans to return to a residence abroad following the marriage. A-b-dos charge may also be provided so czarna lesbijka randka you can an applicant visiting the us:
In this instance, brand new applicant have to fill you up your first purpose is always to check out a death relative unlike to locate U
(U) Fianc(e)s just who present a residence overseas to which it plan to get back, and who are if not qualified to receive visas, meet the criteria having B-dos visas when your aim of the latest head to is always to marry a beneficial nonimmigrant in the united states within the a legitimate nonimmigrant F, H, J, L Yards, O, P, or Q position. You ought to suggest the newest fianc(e) to apply for a change in nonimmigrant standing to this out of the fresh new derivative of one’s nonimmigrant partner following the wedding to help you brand new nearest workplace regarding Agency out of Homeland Shelter (DHS). B status isn’t suitable if your fianc(e) plans to will still be forever in america after entry, regardless of if they will seek to exercise of the processing an improvement or change out of standing app.