UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AVERY PENN et al., Plaintiffs, v. Civil Action No. 21-1055 (TJK) ANTONY BLINKEN et al., Defendants. MEMORANDUM OPINION Plaintiffs, foreign K-1 visa applicants and their American spouses-to-be, sued the Secretary of State and related government officials, alleging that they unlawfully suspended and delayed the adjudication of their visa applications. Defendants moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. For the reasons explained below, the Court will grant Defendants’ motion. Background A. The K-1 Nonimmigrant Visa Process The K-1 nonimmigrant visa, also known as a “fiancé(e) visa,” allows a foreigner to travel to the United States to marry an American citizen. Visas for Fiancé(e)s of U.S. Citizens, U.S. Citizenship & Immigr. Servs. (last updated Mar. 23, 2018), available at https://www.uscis.gov/ family/family-of-us-citizens/visas-for-fiancees-of-us-citizens (“Visas for Fiancé(e)s of U.S. Citi- zens”). For a foreigner to obtain a K-1 nonimmigrant visa, his or her American spouse-to-be must file a Form I-129F, a Petition For Alien Fiancé(e). Id. But “[f]iling a petition is just the first step in the lengthy, multistep K-1 visa process.” Bagherian v. Pompeo, 442 F. Supp. 3d 87, 90 (D.D.C. 2020). If a State Department consular officer approves the I-129F petition, it is sent to the National Visa Center, which forwards it to the U.S. embassy or consulate in the country where the foreigner lives. Visas for Fiancé(e)s of U.S. Citizens. Afterward, a consular officer interviews the foreigner, who also must provide various documents. Id. The officer then determines whether the foreigner and his American spouse-to-be “have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.” Id. If the application is granted, the foreigner may travel to the United States and the couple must marry within 90 days. Id. The two are then permitted to apply for lawful permanent resident status. Id. B. Presidential Proclamations and the National Interest Exceptions to Them In response to the COVID-19 pandemic, President Trump issued several presidential proc- lamations that prohibited individuals from certain countries from entering the United States. See Proclamation No. 9984, 85 Fed. Reg. 6,709 (Jan. 31, 2020) (Republic of China); Proclamation No. 9992, 85 Fed. Reg. 12,855 (Feb. 29, 2020) (Iran); Proclamation No. 9993, 85 Fed. Reg. 15,045 (Mar. 11, 2020) (Schengen Area); Proclamation No. 9996, 85 Fed. Reg. 15,341 (Mar. 14, 2020) (United Kingdom and Ireland); Proclamation No. 10041, 85 Fed. Reg. 31,933 (May 24, 2020) (Brazil). On January 18, 2021, he rescinded several of the proclamations, see Proclamation 10138, 86 Fed. Reg. 6,799 (Jan. 18, 2021), but President Biden reinstituted many of these restrictions shortly after entering office, see Proclamation 10143, 86 Fed. Reg. 7,467 (Jan. 25, 2021); see also Proclamation No. 10199, 86 Fed. Reg. 24, 297 (Apr. 30, 2021). These proclamations relied on the Immigration and Nationality Act, which authorizes the President to “suspend the entry of all aliens” into the United States “for such period as he …
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