Marine Sgt. Michael Ferschke, was killed two years ago in Iraq. Two months before his death, he married Hotaru 'Hota' Ferschke, a young Japanese woman he had met the year before while stationed on Okinawa.
The two wed by proxy, which allows a marriage to occur between two people who are not in the same location. Sgt. Ferschke was in Iraq, his bride in Japan. They never saw each other again.
Their son, Mikey, was born after his father's death. The couple had agreed to raise Mikey, now 22 months old, in Tennessee, yet Hota Ferschke cannot move to the United States because proxy marriages aren't recognized under a half-century-old immigration law.
The 1952 law says marriage between an American and a foreign national must be consummated after the wedding before the non-American can gain permanent residency status. The statute was enacted to prevent Asians in the post-World War II and Korean War years from gaining residency status in the U.S. through sham marriages.
After more than a year's delay, the U.S. House voted last Monday to close the immigration law loophole so that Hota Ferschke can move permanently to the U.S. with her son.
The bill would insert language into the immigration law that would keep the proxy provision from applying in cases when failure to consummate the marriage was caused by 'physical separation' of the couple because one of them was on active duty in the armed forces.
The legislation is now before the Senate, and supporters had hoped to move it quickly through that chamber as well.
U.S. Sen. Patrick Leahy, the Vermont Democrat who chairs the Senate Judiciary Committee, already has given his approval to fast-track the bill, Renison said. But those hopes dimmed after Sessions, the committee's top Republican, raised concerns about amending the immigration law, Renison said.
'This isn't a controversial bill,' Renison said. 'For them to make it into a controversial bill, I just think there are other motives at play here.''
A staff aide to the Senate Judiciary Committee said the problem is that some lawmakers on the committee have raised concerns the bill is too broad and would apply not only to those in the same situation as Hota Ferschke, but to any service member's proxy marriage, even when residency and citizenship are available through existing law.
*golfclap* Well done, Senator. Even your GOP colleagues think you're being an asshole. It probably has something to do with your well-documented racism, but it's impolite to mention that in the media...