Sgt. Michael Ferschke was killed in Iraq in 2008, leaving his widow and infant son, both Japanese citizens, in immigration limbo: A 1950s legal standard meant to curb marriage fraud means U.S. authorities do not recognize the marriage, even though the military does.
Ferschke and his bride had been together in Japan for more than a year, and she was pregnant when he deployed. They married by signing their names on separate continents and did not have a chance to meet again in person after the wedding, which a 57-year-old immigration law requires for the union to be considered consummated.
"She is being denied because they are saying her marriage is not valid because it was not consummated - despite the fact that they have a child together," said Brent Renison, an immigration lawyer in Oregon who has advised the family.
Wednesday, September 23, 2009
And the woman who drops the anchor baby gets to stay????
This is such utter and complete B.S. O.K. Here is my issue. If this woman were a Mexican that came over the border and gave birth she would be allowed to stay here. But, since she is a Marine widow, who gave birth to their son and came here legally she is not allowed to stay. I am understanding the rules about a proxy marriage and it not having been consumated after the fact, but.....