how to cancel K1 visa?

[TobiasL. 0]

Hey everyone!

I need a short advice.

Something sad happened and me and my fiancée broke up. We still have contact, but it didn’t work out anymore.

Now I wanted to ask you what do I have to do in order to cancel the K1 visa? I don’t have a interview date now and I will not get one, cause I didn’t send out the signed checklist. I just send out the DS-230, DS-156, DS-156K and DS-157 form.

As I mentioned I still have contact to my ex- fiancée and we both could write a letter to the consulate to prove that our three years relationship was real and not fake and that we really indented to get married. We could also provide a lot of pictures and boarding passes from our trips.

The thing why I want to do this is because I would like to apply for a J-1 visa in like 9 months after I finish my study in Germany. I am afraid that I will get rejected from that visa, cause the consulate could think that I just want to get to the U.S. to live there permanently.

How do I cancel the K1 visa? What is your opinion on this whole thing with the J-1 visa?

Thanks for your help

- Tobias

[Otto 83]

If it were me - I would send the consulate a brief letter of explanation (something to the effect of "We have decided to call off the marriage and would like to withdraw the Visa Application...") - include both names along with case number etc (you do not need to give a big explanation as to why, just state the facts). I would also include a copy of the NOA2/Approval Notice.

Since the approved petition is at Frankfurt - the letter could be sent by the foreign beneficiary - you could draft the letter to include both of your signatures if you like.

[TobiasL. 0]

what about the J-1 visa? will I get any problems with that?

Edited October 17, 2009 by TobiasL.

[Otto 83]

what about the J-1 visa? will I get any problems with that?

There should be no issue with future visa's. The Consulate should (likely will) dismiss the visa application 'without prejudice.' (This would mean without being held against you.)

[Kookkai 0]

HI,

I am the one of who has that problem. Now I just got my interview scheduled but in last month I got a really great job, well it's a job of my dream( Being a PA for Managing Director for global company) so now I have been considering that I would rather taking this job to make my career than going there to get married as the reason that my fiance still has to go to school for another 3 years. Am I in sane. I would like to cancel my visa if it got approval. Or what else I can do?

[HeatDeath 430]

According to our timeline, you've had your K-1 interview. You might want to fix that. There are two ways you can cancel the visa, if/once it is approved.

The first is simply not to use it. Your K-1 visa will be usable for 6 months after it is approved. If you do not enter the US with it within 6 months, it will expire, and the whole thing will be done. The only downside with this approach is you may, when and if you apply for any other visas, have to explain why you never used the K-1.

The second way goes along with the first, and is simply to write a letter to the consulate, explaining to them what you just explained to us - that because of your personal situations you two have chosen not to use the visa at this time and could they please cancel it, close the file, and take any necessary steps so that in a few years, when and if you reapply, your previous history does not create any problems for you.

Since you haven't had your interview yet, you can imply explain this situation to the CO, and they will happily withdraw your application for you at the interview. They'll still make you pay the interview fee if you do that though. A better approach might be to write a letter like the one I describe above, also requesting to cancel the interview and withdraw the application. Send this in well before your scheduled interview and it might save you some money, if you haven't paid the interview fee yet.

Edited August 21, 2010 by HeatDeath