(a) Fiancé(e). An alien is classifiable as a nonimmigrant fiancé(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 fiancé(e) on the alien, which has been approved by the DHS 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 DHS 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, § 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]
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 1959–2025 · leading case:
Carpio v. Holder, 592 F.3d 1091 (10th Cir. 2010).
Carpio v. Holder, 592 F.3d 1091 (10th Cir. 2010).
· cites it 3× “§ 1184 (d); 22 C.F.R. § 41.81 (State Department regulation addressing the issuance of K visas by consular officers).”
Castillo v. Rice, 581 F. Supp. 2d 468 (S.D.N.Y. 2008).
· cites it 2× “22 C.F.R. § 41.81 (a). The regulations concerning K-3 visas provide: (b) Spouse.”
Le, 25 I. & N. Dec. 541 (BIA 2011).
· cites it 2× “5, 1987), 1987 WL 146417 (recodifying K visa issuance at 22 C.F.R. § 41.81 ). The regulation at 22 C.”
Akram, 25 I. & N. Dec. 874 (BIA 2012).
· cites it 3× “2 (k)(7) (2012); 22 C.F.R. § 41.81 (2012). An alien applying for a K-4 visa must establish that he or she is the “child” of a K-3 visa holder, as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the Act, and is accompanying or following to join the K-3 parent.”
People v. McCormick, 277 P.3d 238 (Colo. 2011).
· cites it 2× “22 CFR. § 41.81(b)(2). 29 . Department of State, Immigrant Visa for a Spouse or Fiancé(e) of a U.”
Vang v. Franceschi (E.D. Wis. 2024).
“§ 1184 (d); 22 C.F.R. § 41.81 (a); 8 C.F.R. § 214.2 (k).”
Sakhi v. Blinken (D. Maryland 2025).
“22 C.F.R. § 41.81 (a)(1). Second, the applicant submits a visa application to the U.”
Yared v. Nepal (N.D. Ohio 2025).
“§ 1361 ; see 22 C.F.R. § 41.81 (a), (d) (discussing K-1 applicants).”
Mohammad Khorami v. United States Dep't of State (E.D. Va. 2025).
“22 C.F.R. § 41.81 (a)(1). Second, the foreign fiancé(e) submits additional forms—including a Form DS-160 Online Nonimmigrant Visa Application—and brings certain documents to the interview at the U.”
C-s-l, 8 I. & N. Dec. 394 (BIA 1959).
· cites it 3× “According to 22 CFR 41.81 (Burden of proof and evidence of student status), An alien applying for a visa as a nonimmigrant under the provisions of section 101(a) (15) (F) of the act shall not only have the burden of establishing that he is entitled to classification as a student…”
— 22 C.F.R. § 41.81(a) — 1 case
C-s-l, 8 I. & N. Dec. 394 (BIA 1959).
“According to 22 CFR 41.81 (Burden of proof and evidence of student status), An alien applying for a visa as a nonimmigrant under the provisions of section 101(a) (15) (F) of the act shall not only have the burden of establishing that he is entitled to classification as a student…”
— 22 C.F.R. § 41.81(b)(2) — 1 case
People v. McCormick, 277 P.3d 238 (Colo. 2011).
“22 CFR. § 41.81(b)(2). 29 . Department of State, Immigrant Visa for a Spouse or Fiancé(e) of a U.”
— 22 C.F.R. § 41.81(d) — 1 case
People v. McCormick, 277 P.3d 238 (Colo. 2011).
“22 CFR. § 41.81(b)(2). 29 . Department of State, Immigrant Visa for a Spouse or Fiancé(e) of a U.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.