Ted Poe: “I support H.R. 6397, and I want to commend Mr. Duncan from Tennessee for introducing this legislation. Mr. Speaker…”

“I support H.R. 6397, and I want to commend Mr. Duncan from Tennessee for introducing this legislation. Mr. Speaker, under the Immigration and Nationality Act, if a U.S. citizen dies while serving honorably in an active duty status in the United States Armed Forces as a result of injury or disease incurred in or aggravated by combat, the citizen's alien spouse can still seek permanent residence as an immediate relative of a U.S. citizen. However, the INA also provides that the term ``spouse'' does ``not include a spouse by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other unless the marriage shall have been consummated.'' This provision recently came to the attention of Congress through the case of Hotaru Ferschke. Mrs. Ferschke is the widow of late Marine Corps Sergeant Michael Ferschke. Hotaru was born in Okinawa, Japan, and met Sergeant Ferschke there in 2007 when he was stationed at Camp Schwab.”