Senator Webb Fights to Recognize Marriage, Immigration Status of Fallen Marine's Widow

Obscure Korean War-era Law Puts Citizenship of Foreign-Born Wife and 8-Mos-Old Son in Jeopardy

 Washington, DC—Senator Jim Webb (D-VA) today introduced legislation to recognize the marriage of fallen U.S. Marine Sgt. Michael Ferschke and his Japanese wife who were married by proxy while Sgt. Ferschke was deployed in Iraq. The Ferschkes’ marriage is formally recognized by the military but not the Department of Homeland Security (DHS)—leaving the immigration status of Mrs. Ferschke in jeopardy.

Michael Ferschke and Hotaru Nakama were married by telephone on July 10, 2008, three months after the couple learned they were having a child. Sgt. Ferschke was killed in combat one month later. The couple’s marriage is not recognized by DHS because it was never consummated as dictated by an outdated 1952 immigration law passed during the Korean War.

Senators Bob Corker and Lamar Alexander of Tennessee joined Senator Webb in cosponsoring the legislation.

“Every now and then, there comes an issue that tells us a lot about who we are, and how we live up to our promised, great and small,” said Senator Webb today in a speech on the Senate floor. “And particularly the promises we make to those who step forward and place their lives on the line in order to carry out the policies that we create.”

Senator Webb’s bill would allow Mrs. Hotaru Ferschke, who is currently here under a tourist visa, permanent residency in the U.S., a right granted to all military widows. Mrs. Ferschke and their 8-month-old son, Michael “Mikey” Ferschke III, are currently staying at the Tennessee home of Sgt. Ferschke’s parents surrounded by photos and memories of the father Mikey will never meet.

The targeted legislation will have no impact on broader immigration policies.  It will allow immigration authorities to recognize the Ferschkes’ lawful marriage and, according to Senator Webb: “right a wrong for a Marine’s family who paid the ultimate sacrifice for his country.”