# Marine Widow Cannot Stay in USA



## Bill Mattocks (Sep 17, 2009)

This is a sad story.  I hope they find a satisfactory conclusion to it.  A man who gives his life for his country should not have his widow and child thrown out of the country he died for.

http://www.military.com/news/article/law-says-marine-widow-cant-stay-in-us.html?ESRC=topstories.RSS



> MARYVILLE, Tenn. -- Hotaru Ferschke just wants to raise her 8-month-old son in his grandparents' Tennessee home, surrounded by photos and memories of the father he'll never meet: a Marine who died in combat a month after marrying her from thousands of miles away.
> 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.


I'm going to write my Congress critters.  If you feel the same, perhaps you could do so too.

EDIT: If you decide to contact your Congress member, the House Bill is: H.R.3182, Title: For the relief of Hotaru Nakama Ferschke. It is currently languishing in the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, lacking even a cosponsor.  Unacceptable.


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## Xue Sheng (Sep 17, 2009)

This is typical of Homeland Security and extremely sad (as well as just plain wrong) that this is happening to the widow of a vet.

Note: Immigration is now homeland security and they are a bigger bureaucracy than they were before. Nothing, absolutely nothing happens quickly and from my experience with it the best person to tell you how it works is an immigrant (particularly some that are Chinese and Middle Eastern), they seem to know better than Immigration Lawyers how the system actually works.


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## Carol (Sep 17, 2009)

Its a long shot, but a friend of mine just put out a facebook message saying that he's been tapped as an emergency fill-in host on Fox News Radio and he's scrambling for topics to talk about.  

I sent him the link to the story, maybe he will bring it up on the show.


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## celtic_crippler (Sep 17, 2009)

:BSmeter:

Unacceptable. 

Count me in; I got some time to kill to write an e-mail or two.


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## terryl965 (Sep 17, 2009)

This is what is wrong alot of the times. I wish her the best.


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## David43515 (Sep 17, 2009)

This ain`t right people. It ain`t right at all! Get on the stick and write your Senator and tell them to sponsor this.


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## Andy Moynihan (Sep 17, 2009)

Disgusting.

"Honor" may in truth be an obsolete word.


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## Carol (Sep 17, 2009)

Sent:

Dear Representative Hodes, 

As a resident of (your district), I am asking for you to please support H.R.3182, Title: For the relief of Hotaru Nakama Ferschke.  

The widow of a Marine KIA and their young son are living in Tennessee near the boy's paternal grandparents. However, they are  facing deportation from the US because they were married by proxy.  Sgt. Ferschke was killed in Iraq before their marriage could be consummated.

Any help in this issue would be greatly appreciated sir.


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## David43515 (Sep 18, 2009)

Just wrote my Rep. and both Senators. It only takes a couple minutes people, Google is your friend. I also wrote a few radio staions I know so more people will be talking about it hopefully.

Remember, it`s bill # H.R.3182 by Rep John Duncan TN

keep bumping this bad boy up to the top.


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## Tez3 (Sep 18, 2009)

Over here we had a very successful campaign for Ghurkha rights, ths was done by exerting huge public pressure on the government,with petitions ( we have onlive petitions that go straight to Downing Street, anyone can set one up) newpaper articles and getting a public figure to lobby and harry the government, Joanna Lumley did a huge job. Public pressure is a great tool, getting people to write to their MPs through publicising it through sites like MT did well as it then spreads by word of mouth. it's a wonderful thing to watch as it gains momentum and achieves it's gaol just because indiviuals all did their bit. As much publicity as possible, the more people contact their local media the better as they start thinking theres a news story and follow it up. Good luck, I'm sure you guys will do it.


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## Live True (Sep 18, 2009)

In case you don't have your representative's contact info handy (I'm assuming you know who represents you in Washington). These are great links to quickly contact them. You can fill out a form online..takes less then 5 minutes if you already know what you want to say:

http://www.house.gov/zip/ZIP2Rep.html

http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=VA


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## shihansmurf (Sep 21, 2009)

Thanks for posting this. I mentioned it at work this morning and by noon around 200 or so soldiers had emailed their Representatives. As a military we take care of our own, I've fired off an email to most of the other units on post. I'm not sure that this will help, given the non-representing representatives we have in D.C. at the moment but if there is anything  I can do help in this matter, let me know.

Mark


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## Bill Mattocks (Sep 21, 2009)

shihansmurf said:


> Thanks for posting this. I mentioned it at work this morning and by noon around 200 or so soldiers had emailed their Representatives. As a military we take care of our own, I've fired off an email to most of the other units on post. I'm not sure that this will help, given the non-representing representatives we have in D.C. at the moment but if there is anything  I can do help in this matter, let me know.
> 
> Mark



Thank you so much!  I have emailed all my critters, but have heard back from none of them.  Not even the usual brush-off letter. Disgusting.  I'm going to phone them tomorrow.  I'm not done yet.


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## David43515 (Sep 22, 2009)

I`ve written my reps and senator, and posted it on every forum I visit. I hate to say it but the ONLY comment I`ve recieved is from an idiot friend who thinks she`s just in it for a green card. Sometimes I really hate people.


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## Carol (Oct 16, 2009)

My congressman returned my e-mail last week.  Based on his comments, I think the only reps that can revitalize this bill are reps on the House Judiciary Committee.

Dear Ms. ********,

 Thank you for contacting me about H.R. 3182, a private bill for the relief of Hotaru Nakama Ferschke.  I truly appreciate hearing from you, and I am working hard to stand up for New Hampshire 's interests in Congress.

 I appreciate you concern about Hotaru Nakama Ferschke. The freedoms and prosperity we enjoy in America  are due in large part to the millions of brave men and women who have served-or are currently serving-in our armed forces.   During times of war and peace, our armed services have served honorably in the best trained and most dedicated fighting force the world has ever known. 

 Sergeant Michael Ferschke was killed in action on Sunday, August 10, 2008, while serving with the United States Marine Corps in Iraq . He left behind his wife, Hotaru Nakama Ferschke, and their unborn child. 

 H.R. 3182 would allow Hotaru Nakama Ferschke to be eligible for permanent residence upon receiving an immigrant visa. This legislation has been referred to the House Committee on the Judiciary. Although I am not a member of this committee, please know that I will keep your views in mind if this legislation comes to the House floor for a vote. 

 I encourage you to continue to contact me about the issues that are important to you. Please feel free to visit my website at www.hodes.house.gov where you can share your ideas with me, learn about the services I can provide to you, and sign up for my periodic e-mail updates on what I am doing to help New Hampshire. 



Sincerely,
  Paul Hodes
 Member of Congress


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## Bill Mattocks (Oct 16, 2009)

Carol Kaur said:


> My congressman returned my e-mail last week.  Based on his comments, I think the only reps that can revitalize this bill are reps on the House Judiciary Committee.



I got the same response, by phone as well as email (only one bothered to respond, though).  What they're saying is that the bill is going to be allowed to die a nice quiet death in the judiciary committee.  It works for everyone.  See, they'd like to help, but darn it, their hands are tied.  Gosh.  And the Congressman who sponsored the bill got to say he tried, he really really tried, but darn it, those darned old colleagues of his on the judiciary committee just won't see things his way.  Nobody has to be the bad guy, but nothing gets done.

It really makes me mad.  But thanks very much for trying.


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## Bob Hubbard (Oct 16, 2009)

She obviously didn't contribute enough to anyone's campaign to qualify for attention.


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## Xue Sheng (Oct 16, 2009)

Bob Hubbard said:


> She obviously didn't contribute enough to anyone's campaign to qualify for attention.


 
That or the family here is simply associated with the wrong political party


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## Stuey (Oct 19, 2009)

If the US is anything like the UK then she did it all wrong. If you go the legit way through the process you get stamped down and refused. If you just bludgeon your way into the country and dont tell anyone then you're fine! Dont it make you sick?


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## Carol (Jan 11, 2010)

Update:  Hotaro and her son have returned to Japan.

She might have had an option to stay in the U.S. while the matter was being decided.  Where it gets tricky though, is being able to work.  The issue is still being decided in Congress, but she had to be able to support herself and her son so she returned to her native Japan.  Her employer had only promised to hold her job for a year.

It sounds like she may still be able to return to the U.S. if the relief bill passes.   

http://www.tennessean.com/article/2...takes+son+of+slain+Marine+to+her+native+Japan

Writing your elected officials is no guarantee of a fix, but it does get attention.  Both of my senators wrote back in response, and my representative gave me a very detailed response.


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## David43515 (Jan 11, 2010)

I wrote to my representative and both senators, never got so much as a form letter in reply. One had the nerve to begin asking for campaign donations though. Nice work men.


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## David43515 (Jan 17, 2010)

Ran across this in today`s news. Apparently she`s had to move back to Okinawa. There may be a chance for her to apply for a visa and green card in the future, but for now they can`t stay in the US. More and more often in the last 2 years I`ve run across things in the news that make me ashamed of my country, something I never would have thought I`d hear myself say. What kind of people are we becoming?

http://www.japantoday.com/category/...-to-japan-but-visa-problem-with-us-unresolved


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## Carol (Jan 17, 2010)

David43515 said:


> Ran across this in today`s news. Apparently she`s had to move back to Okinawa. There may be a chance for her to apply for a visa and green card in the future, but for now they can`t stay in the US. More and more often in the last 2 years I`ve run across things in the news that make me ashamed of my country, something I never would have thought I`d hear myself say. What kind of people are we becoming?
> 
> http://www.japantoday.com/category/...-to-japan-but-visa-problem-with-us-unresolved



Keep in mind, the US did not kick her out. 

The article mentioned confirms what I suggested in my post to be true.  She did indeed have the means to stay longer in the US, however, she had to return to her job in Japan.  She returned to Japan voluntarily.

She could have indeed stayed in the US for a longer time.  But being able to stay legally in the US and being able to work legally in the US are two entirely different matters.   Hotaro was in a position where she is either the first or one of the first people to put up a fair challenge to a military law that was written for an earlier time and unfortunately I don't know an easy way around that. 

If her relief does get voted for in the senate, she'll get a green card which will allow her to return to the United States any time she likes and work for whomever is interested in hiring her.   Unfortunately the health care debate has been stripping a lot of time and resources away from matters before our elected representatives, and I think its a damn shame the family was one of the matters that fell through the cracks.


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## Carol (Jun 1, 2011)

Update:

It took, literally, an act of Congress.  And it moved at the speed of Congress.

But...they did the right thing.  Hotaru will be able to move to Tennessee and raise their son with the boy's grandparents :asian:

http://www.stripes.com/news/pacific...allen-marine-1.129676?localLinksEnabled=false


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## David43515 (Jun 1, 2011)

Thank you, thank you, THANK YOU Carol!! That`s some of the best news I`ve heard all year. And hearing it so close to Memorial Day is even better. I`m gonna go out for dinner to celibrate.(Life isn`t always pleasant, so when it is you`ve got to take time to enjoy the little victories it throws your way.)


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