Clarification on cancellation of K-1 visa

[Oz2US 0]

My fiancé and I have decided to cancel our K-1 visa due to some money constraints, can somebody please clarify the best way to go about it? I emailed the embassy and they said that the fiancé has to write in to formally ask for the K-1 visa process to be canceled.

However, my fiancé has read here on VisaJourney.com that if left alone, the K-1 visa will cancel itself.

I have brought a ticket to visit her in December already, and I still have my ESTA visa with me (apparently I went to get a new one and it said I still had 30 days left on it, can it be used on different trips to a total of 90 days?).

My question is:

Should the visa be formally canceled by my fiancé, or are we safe to leave it alone and I can still enter on my ESTA visa (it's only 2 weeks)?

[Gary and Alla 3,694]

My fiancé and I have decided to cancel our K-1 visa due to some money constraints, can somebody please clarify the best way to go about it? I emailed the embassy and they said that the fiancé has to write in to formally ask for the K-1 visa process to be canceled.

However, my fiancé has read here on VisaJourney.com that if left alone, the K-1 visa will cancel itself.

I have brought a ticket to visit her in December already, and I still have my ESTA visa with me (apparently I went to get a new one and it said I still had 30 days left on it, can it be used on different trips to a total of 90 days?).

My question is:

Should the visa be formally canceled by my fiancé, or are we safe to leave it alone and I can still enter on my ESTA visa (it's only 2 weeks)?

You do not need to do anything. The visa will expire 6 months from issuance and it will not make any difference if you do anything to cancel it or not.

[JimVaPhuong 4,863]

Your post is confusing. You are the foreign beneficiary, yes? And your fiancee is the US citizen, yes? Where are you in the process? Has the petition been approved? Have you gone to the interview? Has a visa been issued?

If the visa has already been issued then Gary's advice is correct - it will expire on it's own in six months.

At any other stage prior to the visa being issued, it would be better if you terminated the process rather than waiting for it to die on it's own. Otherwise, it might complicate things if you decide to pursue a visa in the future. For instance, an approved petition can linger at the consulate for up to a year before being administratively closed.

The petitioner can withdraw the petition any time up until the visa is issued. If the petition hasn't been approved yet then this is all that needs to be done. If the petition has been approved then the beneficiary should also notify the consulate that they don't intent to apply for the visa.

I honestly don't know enough about ESTA to answer your other question. I thought you had to reapply each time you came to the US, but I don't have any concrete reference for that right now. I just thought I remembered reading it somewhere.

[pushbrk 13,174]

Your post is confusing. You are the foreign beneficiary, yes? And your fiancee is the US citizen, yes? Where are you in the process? Has the petition been approved? Have you gone to the interview? Has a visa been issued?

If the visa has already been issued then Gary's advice is correct - it will expire on it's own in six months.

At any other stage prior to the visa being issued, it would be better if you terminated the process rather than waiting for it to die on it's own. Otherwise, it might complicate things if you decide to pursue a visa in the future. For instance, an approved petition can linger at the consulate for up to a year before being administratively closed.

The petitioner can withdraw the petition any time up until the visa is issued. If the petition hasn't been approved yet then this is all that needs to be done. If the petition has been approved then the beneficiary should also notify the consulate that they don't intent to apply for the visa.

I honestly don't know enough about ESTA to answer your other question. I thought you had to reapply each time you came to the US, but I don't have any concrete reference for that right now. I just thought I remembered reading it somewhere.

Correct and this is why you see me continuing to encourage the members to stop referring to filing a petition as "applying for a visa". I suspect the OP has no visa to cancel but rather a petition for their USC fiancee to withdraw.