Senate Passes Webb Measure to Recognize Marriage, Immigration Status of Fallen Marine’s Widow

Obscure Korean War-era Law Put Citizenship of Foreign-Born Wife and Young Son in Jeopardy

The U.S. Senate unanimously passed legislation by Senator Jim Webb  today 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 could not be recognized by the Department of Homeland Security (DHS)—leaving Mrs. Ferschke ineligible to immigrate to the United States with her and Sgt. Ferschke’s young son.

“Every now and then, there comes an issue that tells us a lot about who we are, and how we live up to our promises, great and small--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,” said Senator Webb, who served as a combat Marine in Vietnam. “This legislation will right a wrong for a Marine who paid the ultimate sacrifice for his country and for his family.”

After more than a year of negotiations with both the House and the Senate, Senator Webb succeeded in gaining bipartisan support for his targeted legislation to allow immigration authorities to recognize the Ferschkes’ lawful marriage. It is the first time the Senate has passed a piece of private legislation in more than five years. 

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. Although recognized by the Marine Corps, the couple’s marriage could not be recognized by DHS because it was never consummated as dictated by an outdated 1952 immigration law passed during the Korean War.

Senator Webb’s bill will allow Mrs. Hotaru Ferschke to emigrate from Okinawa, Japan, where she is residing with her young son, Michael “Mikey” Ferschke III.  

Senator Webb will continue to work in a bipartisan manner to change the outdated immigration law in order to prevent similar situations from arising in the future.

To view a PDF of the legislation, please click here.