[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.81]

[Page 207]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
              Subpart I--Fiance(e)s and Other Nonimmigrants
 
Sec. 41.81  Fianc[eacute](e) or spouse of a U.S. citizen and derivative children.


    (a) Fianc[eacute](e). An alien is classifiable as a nonimmigrant 
fianc[eacute](e) under INA 101(a)(15)(K)(i) if:
    (1) The consular officer is satisfied that the alien is qualified 
under that provision and the consular officer has received a petition 
filed by a U.S. citizen to confer nonimmigrant status as a 
fianc[eacute](e) on the alien, which has been approved by the INS under 
INA 214(d), or a notification of such approval from that Service;
    (2) The consular officer has received from the alien the alien's 
sworn statement of ability and intent to conclude a valid marriage with 
the petitioner within 90 days of arrival in the United States; and
    (3) The alien has met all other qualifications in order to receive a 
nonimmigrant visa, including the requirements of paragraph (d) of this 
section.
    (b) Spouse. An alien is classifiable as a nonimmigrant spouse under 
INA 101(a)(15)(K)(ii) when all of the following requirements are met:
    (1) The consular officer is satisfied that the alien is qualified 
under that provision and the consular officer has received a petition 
approved by the INS pursuant to INA 214(p)(1), that was filed by the 
U.S. citizen spouse of the alien in the United States.
    (2) If the alien's marriage to the U.S. citizen was contracted 
outside of the United States, the alien is applying in the country in 
which the marriage took place, or if there is no consular post in that 
country, then at a consular post designated by the Deputy Assistant 
Secretary of State for Visa Services to accept immigrant visa 
applications for nationals of that country.
    (3) If the marriage was contracted in the United States, the alien 
is applying in a country as provided in part 42, Sec. 42.61 of this 
chapter.
    (4) The alien otherwise has met all applicable requirements in order 
to receive a nonimmigrant visa, including the requirements of paragraph 
(d) of this section.
    (c) Child. An alien is classifiable under INA 101(a)(15)(K)(iii) if:
    (1) The consular officer is satisfied that the alien is the child of 
an alien classified under INA 101(a)(15)(K)(i) or (ii) and is 
accompanying or following to join the principal alien; and
    (2) The alien otherwise has met all other applicable requirements in 
order to receive a nonimmigrant visa, including the requirements of 
paragraph (d) of this section.
    (d) Eligibility as an immigrant required. The consular officer, 
insofar as is practicable, must determine the eligibility of an alien to 
receive a nonimmigrant visa under paragraphs (a), (b) or (c) of this 
section as if the alien were an applicant for an immigrant visa, except 
that the alien must be exempt from the vaccination requirement of INA 
212(a)(1) and the labor certification requirement of INA 212(a)(5).

[66 FR 19393, Apr. 16, 2001]