My fiance is here on a visitor visa how long does he need to be out of the country to come back? Our son is due in 3 months

Your fiancé may find it risky to return in a short amount of time under his visitor's visa if he has spent significant time here during this current stay. If he spent only a month or so, a reasonable period of time to come back would be in three months. Dependent upon his obligations and your mutual wishes, you may consider the possibility of him remaining and adjusting status in the US to permanent residence if you are a US citizen and you marry. Such would mean that his ability to travel would likely be curtailed for about six months, but would allow him to remain for the birth of your son. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.