UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) DUDLEY CHARLES PRIMEAUX, ) ) Plaintiff, ) ) v. ) Civil Action No. 21-480 (FYP) ) U.S. DEPARTMENT OF HOMELAND ) SECURITY, et al., ) ) Defendants. ) ) MEMORANDUM OPINION In January 2016, Plaintiff Dudley Charles Primeaux filed an I-129 form to initiate the process of obtaining a K-1 visa for his fiancée, Carmina Jane Avorque. The visa would allow Avorque, a resident of the Philippines, to enter the United States and marry Primeaux. The visa application process, however, has been stalled for almost a year, prompting Primeaux to file this lawsuit to obtain Avorque’s visa. He alleges that the delayed processing of his visa petition constitutes a violation of the Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the Constitution’s Due Process Clause; and seeks a writ of mandamus compelling Defendants to process the visa. Defendants now move to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The Court concludes that Primeaux is not entitled to the relief he seeks and will therefore grant Defendant’s Motion as to Primeaux’s APA claim. BACKGROUND Primeaux has followed all required steps to obtain a K-1 visa for Avorque. The K-1 visa 1 is a nonimmigrant visa that allows a foreign citizen to travel to America to marry his or her U.S.- citizen fiancé(e), and then apply for lawful-permanent-resident status. See ECF No. 6 at 3 (Plaintiff’s Opposition). To obtain a visa, a citizen fiancé must first file an I-129F petition, which Primeaux did on January 16, 2016. See ECF No. 1 (Complaint), ¶ 17. On March 30, 2020, the U.S. Citizenship and Immigration Service (“USCIS”) approved his petition and forwarded it to the State Department’s National Visa Center (“NVC”) for further processing. See Compl., ¶¶ 19–20. At this point in the process, the NVC should forward the case to the U.S. Consulate in Manila, where Avorque would then be interviewed for a K-1 visa. See ECF No. 4 at 1–2 (Defendants’ Motion to Dismiss); Pl. Opp. at 3. Only after a State Department consular officer conducts her interview and determines that she qualifies for the K-1 visa may Avorque enter the United States to marry Primeaux. Id. Due to the COVID-19 pandemic, however, the ability of many consulates to schedule interviews “has been substantially impaired.” See Def. Mot. at 2. In March 2020, the State Department suspended visa services around the world. Id. at 2–3. Although the agency has resumed some activities, the U.S. Consulate in Manila is not currently processing K-1 visas except in critical cases. Id. at 3. As a result, Avorque’s interview has not been scheduled and the agency has not issued a decision on Primeaux’s petition. Compl., ¶ 21. After repeated attempts to spur the Consulate to act, Plaintiff filed this suit in February 2021, almost a year after USCIS approved his application. Id., ¶ 19. He named as Defendants multiple U.S. agencies — namely, USCIS, the Department of …
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