
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.
Ferschke and his bride had been together in Japan for more than a year, and she was pregnant when he deployed. They married by signing their names on separate continents and did not have a chance to meet again in person after the wedding, which a 57-year-old immigration law requires for the union to be considered consummated.
"She is being denied because they are saying her marriage is not valid because it was not consummated - despite the fact that they have a child together," said Brent Renison, an immigration lawyer in Oregon who has advised the family.
Hotaru Ferschke and the baby, Michael "Mikey" Ferschke III, are staying for now on a temporary visa at the home of her parents-in-law, in the Smoky Mountains town of Maryville. Robin and Michael Ferschke Sr., who are fighting for their daughter-in-law to stay, have emblazoned their son's picture on everything from a blanket draped on the back of the couch to a waving banner on the fence outside.
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