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Marine's widow, baby return to Japan but visa problem with U.S. unresolved

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So they "consumated" their relationship, but not their marriage. Is that the technicality here??? Pretty sad. It's not like there are Japanese people running for U.S. borders.

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However, the Department of Homeland Security, for immigration purposes, will not recognize the marriage.

Homeland used to have such a warm, cozy feeling. Now it's suddenly transformed in a nasty word.

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http://www.govtrack.us/congress/bill.xpd?bill=h111-3182

H.R. 3182 --> tell your congress person about it.

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http://www.stripes.com/m/article.asp?section=104&article=59975

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The U.S. military recognizes proxy marriages for couples separated by war, and the Marines are paying survivor benefits to Ferschke and her baby. However, the Department of Homeland Security, for immigration purposes, will not recognize the marriage.

What was the main cause of the problem with their marital status?

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the ironic thing is that this almost sounds like something the Japanese bureaucracy would come up with....

I hope she gets this resolved - must so frustrating for them

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"What was the main cause of the problem with their marital status?"

They were not married before he left Okinawa. He did it over the phone. Department of Homeland Security is out of control. Need more?

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This is the wife and child of a Marine who gave his life for his country. Somebody over at Homeland/Immigration ought to be hung from the rafters for this disgrace.

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Well this can be fairly easily fixed, thank goodness its the US. Laws can be changed or amended here for future situations and to make reperations for cases like hers.. She just needs more support stateside and I'm sure her in-laws will try to do what they can to make more notice on this. I'll look up to see what I can do to help this situation as well.

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a consummation requirement was passed in 1952 for proxy weddings that was designed to curb marriage fraud.

-it's a law =Homeland Security cannot do anything about it. Probably flagged by the Visa computer everytime.

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There's a difference, is there not, between a 'proxy marriage' and a 'proxy wedding ceremony'? AP seems to use both as the same thing.

Homeland Security doesn't care about people or security; just looking as if it is doing its job, i.e. pick on the immigrants and wanna-be immigrants.

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Somebody over at Homeland/Immigration ought to be hung from the rafters for this disgrace.

My sentiments exactly.

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I can sympathize with this woman. I know what it's like to be denied being with a loved one in a different country. I am going through a similar situation. My Japanese spouse and I married 7 months ago here in the U.S. He is in Tokyo, I am here in NY.

I have been denied my spousal visa, even though he married me here, met my family and my adult children from a previous marriage, marriage license, the whole shebang AND registered our marriage in Japan. We even submitted our chat records from last year too. On top of that, I have not seen him in 7 months since we married. Only Skype has been our solace. My husband has been working with an Immigration lawyer in Tokyo on it,but still no dice.

Hopefully our 3rd try will yield something.

So to answer one poster's question, Japan has come up with the same bureaucracy crap as the good ol USA too.

Sorry for the long rant.

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It makes me angry how in both parts of the world ,red tape and nonsense gets in the way of people being able to have a life with the people they love.

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well put movieguy. The US makes it hard for legitimate applications for entry to the country and yet seem to welcome the illegals from Mexico with open arms. Makes me sick.

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I cannot even imagine trying to get my husband a green card here, especially how complicated Immigration laws are becoming. We had talked about that because of what I said before in my last post.

BTW I am a U.S. citizen.

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I seriously can't feel sorry for people in this situation with Japan's own laws nothing better and also from the 1950's.

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i agree withj you, OssanAmerica - travesty! The man gave his life for his country, and his wife and son are denied? Pathetic!!!

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Yup, Typical BS. Little known fact: If you are ALREADY MARRIED, and are MOVING to USA from Japan (going through immigration @ US "port"), and ADMIT that you are MOVING there, they will REFUSE your spouse entry ! I found this out just prior to moving to US with my Japanese wife. Upon entry in Portland, I was asked: "Are you here on a VISIT " ? (the question seemed very STRANGE), to which I replied: "Yes"...otherwise, SHE would have been DETAINED. Keep that in mind folks ! The SPOUSE has to have a "Fiance' Visa", or DON'T ADMIT anything! (we already had a baby, and they would STILL do this)

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That is so stupid. While they kicking out a mother and kid who are clearly willing to become productive parts of society, they give religious visas to islamic fundis like the Nigerian kid wanted nothing more than to blow up a plane and kill lots of infidels. What idiocy!

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I definitely agree that this situation is quite tragic. Bringing your foreign spouse into the U.S. on a permanent visa takes a lot of paper work for civilians while in Michael Ferschke's case as a military man he didn't have this luxury. Ultimately, the DOHS and DOD have to be on the same on this one. For civilians, paperwork is processed through the Department of State and funnelled down to the U.S. Consulate or Embassy of the spouse's country for an interview afterwhich the foreign spouse receives her permanent visa. She can later apply for a greencard and prepare for U.S. citizenship if the spouse so desires. Instinctively, I believe this specific case will be resolved in due time.

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@WA4TKG

Oh wow! Yeah I have about that, like if a Japanese woman or man who has a Gf or BF and want to visit, don't say I'm visiting my GF or BF,because then they will not let you in otherwise.

It's so weird.

Wow come to think of it if when my husband comes to visit me from Japan, he better not say here is here to visit his wife.

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@WilliB

While they kicking out a mother and kid who are clearly willing to become productive parts of society, they give religious visas to islamic fundis like the Nigerian kid wanted nothing more than to blow up a plane and kill lots of infidels. What idiocy!

While this case does have some issues. I haven't read anywhere that this woman and child would be a productive part of US society. If anything she will be another burden on the government. Only thing she did was have a baby with a foreigner. No matter what happens she can apply for citizenship later like all other immigrants. She had no plans if she stayed in the US just live with his family. By going home she will be able to work save for both her and her child. It will also allow her to get some perspective on this situation. It will also allow her to better prepare for when she does finally move to the US. Then maybe she will be a productive member of society. Islam or your personal rant has nothing to do with this article.

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SpanishEyez: I sympathize with your situation. I can only say, hang in there and don't give up!! Believe that love conquers all!

This definitely sounds like something Japan would come up with. It saddens me when I hear about parents and children (or husbands and wives) that are separated simply because of visa problems. It makes me feel that governments have no heart and no humanity at all. Scary really that borders between countries can force loved ones to be apart.

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@dolphingirl Thank you , it means a lot to me.

I hope he can visit me next month. The way things are going we will probably not be able to celebrate our first wedding anniversary together (June 3rd).

I always wonder how is it like to be an Immigration officer or officals and have the deciding word on people's lives like that.

I know there are people who do fraudulent things to get into Japan and the US, which ruins it for everyone else. But still, there are still some of us out there who really love there spouses and loved ones and want to have a life.

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SpanishEyez,

I have never heard/read about anyone getting denied a Japanese spouse visa before. Have you seen with your own eyes a copy of your husband's family register (koseki)? Are you listed on there as his wife?

I know a woman who was an illegal alien but married a Japanese man and was granted a spouse visa. I think your case is very unusual.

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@poppler

Oh yes I am on the koseki,because he sent me a copy and also he did register our marriage at the ward office as soon as he returned to Tokyo.

The funny thing is I lived in Japan for 3 years, never got deported or overstayed. So yes it's weird. Even our lawyer finds it a head scratcher.

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For those that argue my points of view about US Government Policy relating to Okinawan Issues, this is exactly my point. US Men and Women can fight for their country but their country does not stand behind them when they need to. This issue should be a non-issue, but for every US Military man who wants to marry then dies for his country is then tossed aside like the expendable number that he is; this is just not right. The US Government cares about their political agendas, not the men and women who do the dirty work for them and need to be treated better. I wonder if his bride was a mainland Japanese lady, would they have treated her this way. I think not.

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@biglittleman...And we haven't read anywhere that she wouldn't be a productive and valued member of society.The article doesn't state any qualifications,training or past employment history! She's lost her husband.....husband,they did get married. A first time mummy left with a wee baby.The in-laws lost their son who died...not in a car crash or some other tragic event but fighting for his country!

I am often left aghast at how officialdom in all it's glory seems to pull the stops out to protect the human rights of immigrants but not it's own nationals.I am talking about the UK here too.

@SpanishEyes...Sending tons of good vibes your way.I hope your situation meets the desired result soon.

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Ho hum. What a boring story. White gaijin meets stupid Japanese girl. Boring!

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@Mediocremummy Thank you for that ^_^

Seriously Immigration on both sides really need to try to find a heart somewhere. I just wonder what national security risks a baby and his mother pose in the USA <eyeroll>

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SpanishEyez37 I don't know the details of your case. But, I think a big reason they won't give you the spouse visa is because you're not living together now and not in Japan. Go over on a tourist visa, move in with him and start again.

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Unless the world decided that it was going to conspire against this one woman I feel it's necessary to point out that these protocals have been in place for a long time now and this problem could be easily resolved by the woman simply going through the proper channels for a green card or work visa. I mean honestly, if you get married to a foreign national and have every intention of living your spouses home country shouldn't you at least spend a few hours looking up the procedures and laws involved with it? I'm not saying that the situation doesn't suck, just that the information was available and the woman elected not to find it. Hopefully this will be resolved as fast as legally possible.

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@Mediocremummy

@biglittleman...And we haven't read anywhere that she wouldn't be a >productive and valued member of society.The article doesn't state any >qualifications,training or past employment history! She's lost her >husband.....husband,they did get married. A first time mummy left with >a wee baby.The in-laws lost their son who died...not in a car crash or >some other tragic event but fighting for his country!

I fail to see your point against my statement:

While this case does have some issues. I haven't read anywhere that this woman and child would be a productive part of US society.

You just agreed with what I said. WilliB is making assumptions that are not written in the article. Take your anger somewhere else.

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Well, what do we have going on here? Janet Napolitano; Incumbent, DHS; are you or your staff online and reading this? If not, another agency? Good, forward it off…

We respectfully request on behalf of Semper Fi that your administration immediately: Corrects this situation of bureaucratic oversight that undermines the decisions of the USMC command, spouses, and loved ones of those that stand up on your wall. What do you think? Good idea? We think so…have a nice day!!!!

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the spouse should be let in no civillian paper pushers dhs should never be able to override directive command doctrine orders that protect and grant spouses entry an order given by the us armed forces specifically the command of the usmc the dhs shouldnt even have the power to overrule military protocal

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Quite part from the Marine's widow, what about his parents? To lose a 22-year-old son must be terrible. The one solace they had was their new grandson--an American citizen-- and now the government he was fighting for won't allow them to stay. I hope this young boy grows up in Japan and never thinks about living under a government that would send him off to die in a war for oil and then treat his family like this.

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"The spirit of the law." It is evident that the spirit of the law has been followed with the union of American family with the Japanese widow and child. Goodness must be present in the people who make judgement calls. Maybe we are missing something, but I think that whoever made this call was cold hearted.

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