Well my marriage is not going to happen but the visa has been issued...can the visa be canceled so it cant be used or do I have to just let it expire. I’m going to call the embassy tonight and find out what I can do but I thought someone here might know too.

I think even if you tell Homeland security, I don't think they would try and stop the visa if she/he has it in hand. I don't know if they will enter her name into the computer at the POE.

If you don't marry them within 90 day. It will expire and then they will be out of status and must leave the country or they will be illegally in the Country and at risk to not be able to receive consideration to return to the US for 10 year.

If you have no intentions to marry that person, don't worry, you aren't on the hook for anything, but you might want to tell USCIS(ICE). IMO

Call Embassy first see if they could cancel the visa.
Next you could contact USCIS just on the safe side since you are still her sponsor.

You can take the visa to the consulate and request that it be "cancelled without prejudice"

That only if the foreigner agrees to it, but apparently he/she wants to make sure the foreign fiance/e doesn't use the visa.

Honestly... even if they use it it doesn't matter.. if they don't marry you within the 90 days, it expires and your obligation to them ends... If they decide to use the visa to get to the US and then not marry you.. it really isn't your problem...

I'm confused... I looked at your profile and you have previous posts in Nov and Dec of 2006 asking about an annulment in the Philippines for your fiancee. How did your fiancee manage to get a visa issues if she was married in December...

Hmmmmmmm ...

it is another fiancee...

WTF?

If that is true, then the K1 was issued for fiancee #1 and it didn't work out so now they're working on annulment for fiancee #2? These K1s aren't supposed to be for a "try it out and we'll see" and obviously it didn't even get to that point and there's another fiance involved now? What a waste of resources that could have been used for someone else who needs it.

If that is the case then I agree and given the time wasted by the US Consulate in Manila I hope the OP and any like them will get 'bottom of the stack' treatment on future petitions. No wonder it takes so freaking long for Manila approvals.

Why does a K-3 usually take as long or longer than a K-1 again???

rideon,

Yes, the visa can be cancelled by withdrawing the petition on which it is based. Inform the consulate that you are withdrawing the petition, which can be done up until the time that the beneficiary arrives in the USA. See 9 FAM 41.81 Fiance(e)s Notes, N7.

Yodrak