Mail-order bride

Mail-order bride is a term that probably originated during the colonial period when men traveled through various empires for financial gain. After establishing their income in a new colony they faced three choices: stay single, marry a local indigenous woman or, seek to have an available woman come from the metropolitan centers. Reference.com. The idea of women traveling to be with men is rooted in ancient patterns of migration. Research appearing in Nature Genetics and Molecular Biology and Evolution describes a common marriage practice called patrilocality, where women tended to move from their natal village to their husbands' village. "Ancient Man spread the love around"

- Today it is a label applied to a woman who lists herself in a catalog or marriage agency that publishes her intent to marry a foreign man. Although the label is widely used, it has derogatory connotations and may be offensive, racist and sexist. The term implies that the woman expects an improvement in her quality of life by marrying a foreign man and relocating to a country with more favorable economic and/or societal conditions. Generally, courtship between a mail-order bride and her foreign partner is brief or absent. However, American law requires a face-to-face meeting. Mail-order brides hail from dozens of developing countries and a few from developed ones. Ukraine, Russia, Colombia and the Philippines have particularly large numbers of mail-order brides [1]. Africa is also a source of a growing number of mail order brides.

International dating compared with other matchmaking forms

Compare with

Main article: online dating service

and

Main article: arranged marriage

and marriage agency.

- A USCIS study asked "Why do foreign women want American husbands?" and found the following. "Many sources suggest that these women are searching for a "better life" in terms of socio-economic factors--they do, for the most part, come from places in which jobs and educational opportunities for women are scarce and wages are low. However, when the women themselves are asked this question, the answer generally indicates an attraction to American men (they look like movie stars) and an aversion to native men. Americans, they say, make good husbands while Filipino (Thai/Indonesian/Russian/etc.) men do not. Americans are thought to be faithful to their wives, while the native men are cruel and run around with other women. True or not, this is the perception." USCIS Study

- Pravda.Ru describes a dangerous environment for women in Russia. "Every year 14,000 Russian women die not from diseases or accidents or acts of terrorism, but from their own husbands', lovers' and relatives' hands. This happens not only in our country, as it is not accidental that the UN has declared the 25th of November an International day of for the elimination of violence against women. ... Strange it may seems, yet there is not such thing as "domestic violence" in the criminal codex of the Russian Federation. The lawmakers still can not classify the terrible outlaw happening in many families. Hence it is difficult to make the offender pay back, especially if a victim can not fight for herself. Usually the wives take kids and run to neighbors, relatives or friends to wait until the storm will seize. Then come back – until the next storm. ... In last years it became possible to hide from the "storm" in special crisis centers, both state-owned and private, which were opened in many big cities. It is much worse for women living in small towns and villages. There is no way to escape from insanity of husband. Militia has long been disregarding such events, counting it a "private business" of the family. ... It is not only drunk husbands who hit women. The center staff told us about a 90-years old granny who came here after being hit by her granddaughter. "Old people come to us relatively often. Very frequently they are being beat by relatives, especially sons: alcoholics and drug addicts" ... Statistics says every fifth Russian woman knows what it means to be beaten up by husband or lover and more than 60% of them did receive as a result physical traumas. ... "Violence in our country is the beginning of all beginnings. It is a style of state governing, and one of the most popular forms of "communication" between people. Not surprisingly, ordering takes place in families too", thinks Ludmila Svistunova, director of Irkutsk crisis center for women. ... "Teenage guys often copy their father's behavior to the mother, which they had observed in childhood. So the main reason of sex discrimination lies in bad upbringing" , claim consultants of Saint-Petersburg crisis center." 14,000 wives are killed by husbands in Russia a year

- According to the CIA Factbook and Time Almanac, there are many more women in former Soviet Union (FSU) countries than men. Between the ages of 15-64 in Russia there are 49 million men and 53 million women, in Ukraine there are 15.5 million men and 17 million women and in the USA there are 100 million men and 100 million women. Between Russia and Ukraine there are 5.5 million more women than men. There are social factors that contribute to the shortage of men and the desirability of Western men. The CIA factbook reports that alcoholism is rampant and the HIV rate in the former Soviet countries is almost double the U.S. rate. FSU men die at a younger age than American men due to disease, crime and alcoholism. The life expectancy of a Russian male is 60 versus 75 for an American CIA Factbook.

-"For women, until quite recently, marriage was one of the few options for a reasonable economic existence as an adult. It was often economically advantageous for men as well. For both, it was a goal in life, the pursuit of which could trigger migration. Two basic characteristics of migrating populations emphasize the role family formation had in migration decisions: the majority of migrants were young adults, and sex ratios in migrating groups were often imbalanced. The former meant that a substantial proportion of migrants were newly married or of an age when marriage would be appropriate, while the latter meant that finding a spouse of the same background could be difficult after migration." "Migration for Labor, Migration for Love: Marriage and Family Formation across Borders"

- Mail-order husbands. This term is less common and generally implies a man who seeks a mail-order bride through a so-called "reverse publication" where women in the foreign country select whom they which to contact. However, a small percentage of mail-order husbands have intentions similar to mail-order brides, i.e. to marry and move to a more favorable environment.

Marriage success statistics

- The United States Citizenship and Immigration Services (USCIS) reports that "...marriages arranged through these services would appear to have a lower divorce rate than the nation as a whole, fully 80 percent of these marriages having lasted over the years for which reports are available." [2]

Immigration issues by country

United States

The United States issues a K-1 "fiancé(e)" visa that is valid for 90-days. The USCIS reports that approximately 17,263 such visas were issued in fiscal 2001, about 7988 coming from Asia and about 4714 coming from Europe (including all of the former Soviet Union states). It should be noted though, that the K-1 visa is used by Americans who met partners overseas, and perhaps most commonly, by recent immigrants to the US. "Mail-order" style engagements account for a tiny fraction of all K-1 visas. This type of visa application specifies the applicant's fiancé. If the visa holder does not marry the specified fiancé within the validity of the visa, she is required to return to her country of origin. However, if she marries her fiancé, she obtains permanent resident status. This status is conditional for a period of two years, after which the couple is expected to apply to have the condition removed. Removal requires the couple prove that they are married to each other in good faith. Supporting evidence is reviewed by the USCIS, often consisting of wedding photos, love letters, mutual documentation such as bank account statements, insurance polices and other articles indicating a genuine marital relationship. If evidence is found to be suspect an interview may be required. This process is intended to prevent would-be immigrants from abandoning their sponsors immediately after obtaining residency and fraudulent marriages solely for the purpose of immigration. There are exceptions. For example, a woman who is determined to have been a battered wife is exempt. Exemptions are also granted if a woman shows that the marriage was bonafide or if her spouse dies. Additional information on this topic can be found at Immigration Letter Weekly.

Canada

Canadian immigration laws have traditionally been similar to but slightly less restrictive than their US counterparts.

Until recently Canada's immigration policy regarding mail-order brides used the "family class" to refer to spouses and dependents and "fiancé(e)" for those intending to marry, with only limited recognition of opposite-sex "common law" relationships; same-sex partners were processed as independent immigrants or under a discretionary provision for "humane and compassionate" considerations.

In 2002, the Canada immigration law was completely revised. One of the major changes was conjugal partner sponsorship, which is available between any two people (including same sex couples) that have had conjugal relations together for at least one year.

Taiwan

In Taiwan (Republic of China), mail-order brides come primarily from Mainland China and Southeast Asia, especially Vietnam. Those who come from Mainland China are colloquially known as dalu mei (大陸妹, pinyin: dàlù mèi, literally: little sisters from the mainland).

The marriage and immigration are arranged by licensed marriage brokers. In some cases, the selection of foreign brides could be considered by some as resembling a cattle market or slave trade as depicted in Chien-Chi Chang’s photo book Double Happiness (ISBN 1931788561).

This form of marriage is significant as it is the only legal form of immigration from Mainland China to Taiwan. Although from Mainland China, dalu mei are not normally considered members of the Mainlander minority on Taiwan. There are also mail-order grooms from Mainland China who immigrate to Taiwan, although this is much less common.

Many commentators have pointed out that the immigration of foreign brides from Mainland China and Southeast Asia is already changing the ethnic composition of Taiwan, in that mail-order brides and their children already outnumber Taiwanese aborigines. Some now consider foreign brides to be Taiwan’s fledging fifth ethnic group and are interested in observing how Taiwan’s demographics will gradually change by this group. In recent years, there has been a proliferation of Vietnamese stores and restaurants in Taiwan that are operated by Vietnamese brides.

Some pro-Taiwan independence parties such as the Taiwan Solidarity Union have expressed concerns that brides from Mainland China and their children will adversely influence Taiwan’s political landscape as they acquire citizenship. However, these attitudes are not universal even among pro-independence supporters, and President Chen Shuibian of the independence-leaning Democratic Progressive Party made a particular point of welcoming these brides at his campaign activities in 2004. Also, there was a poll that suggested that Mainland Chinese brides tend to vote for the same political party that their husbands vote.

Legal issues

Marriage agencies and mail-order bride publications are legal in almost all countries. Certain notable legal issues are:

• Marriage Fraud; Marriage fraud has been prosecuted, inter alia, under 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides a penalty of five years imprisonment and a $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws." Under 8 U.S.C. § 1151(b), "immediate relatives" of U.S. citizens, including spouses, who are otherwise qualified for admission as immigrants, must be admitted as such, without regard to other, ordinary numerical limitations. The typical fact pattern in marriage fraud cases is that a U.S. citizen and an alien get married. They fulfill all state law requirements such as medical tests, licensing, and a ceremony. But the U.S. citizen is paid to marry the alien in order to entitle the alien to obtain status as a permanent resident of the United States; the parties do not intend to live together as man and wife. A legal issue arises where the parties tell the INS they are married, and they subjectively believe they are telling the truth because they have complied with state marriage requirements. The Supreme Court has ruled that the validity of their marriage under state law is immaterial to the issue of whether they defrauded INS. See Lutwak v. United States, 344 U.S. 604 (1953). Lutwak was followed in United States v. Yum, 776 F.2d 490 (4th Cir. 1985); Johl v. United States, 370 F.2d 174 (9th Cir.1966), and Chin Bick Wah v. United States, 245 F.2d 274 (9th Cir.), cert. denied, 355 U.S. 870 (1957). But see, United States v. Lozano, 511 F.2d 1 (7th Cir.), cert. denied, 423 U.S. 850 (1975); United States v. Diogo, 320 F.2d 898 (2d Cir. 1963). But cf, United States v. Sarantos, 455 F.2d 877 (2d Cir. 1972).

• There have been situations where a bona fide marriage turns sour but the alien induces the U.S. citizen spouse to maintain the marriage as a ruse only as long as necessary for the alien to obtain status as a permanent resident alien. There is a line of cases holding that the viability of the marriage, if initially valid, is not a proper concern of the INS. United States v. Qaisi, 779 F.2d 346 (6th Cir. 1985); Dabaghian v. Civilleti, 607 F.2d 868 (9th Cir. 1979), and cases cited therein. However, the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1186a, were designed, inter alia, to eliminate the Qaisi type loophole by establishing a two-year conditional status for alien spouses seeking permanent resident status, and requiring that an actual family unit still remain in existence at the end of the two year period.

USCIS

• A jury in Binghamton's federal court on May 24, 2006 said a Tunisia native was guilty of marriage fraud and employment fraud when he fraudulently married a local woman to gain United States citizenship. Hfaiedh Hamed, 31, will likely be deported after his sentencing Sept. 22, said Assistant U.S. Attorney Miroslav Lovric. Hamed was convicted today after a two-day trial. He could get up to 6 months in jail on the convictions to one count of marriage fraud and three counts of employment fraud, Lovric said. A second Tunisian, Yassin Jabloun , 28, will go on trial June 26 on marriage fraud and employment fraud. Lovric said Jabloun also married an American woman to gain citizenship.

• The Philippines prohibits organizing or facilitating marriages between Filipinas and foreign men. The Philippine congress enacted Republic Act 6955 or the Anti-Mail-Order Bride Law in 1990 as a result of stories that appeared in the local press and media about Filipinas being abused by their foreign husbands. Because of this, Filipinas use "reverse publications" to contact foreign men for marriage.

• On January 6, 2006, President George W. Bush signed the "International Marriage Broker Regulation Act of 2005" (IMBRA) as part of the H.R. 3402: Violence Against Women and Department of Justice Reauthorization Act of 2005 [3]. The requirements of the law are controversial, and some commentators have claimed that it presumes that American men are abusers [4]. The law stipulates that, before a foreign woman's address may be sold to a US citizen or resident:

1. The man must complete a questionnaire on his criminal and marital background.
2. The seller must obtain the man's record from the National Sex Offenders Public Registry database [5].
3. The questionnaire and record must be translated to the woman's native language and provided to her.
4. The woman must certify that she agrees to permit communication.

• In enacting IMBRA, the Congress of the United States was responding to pressure from feminist groups who do not want "foreign competition" for American men. Three cases of murder were cited during a period where there were tens of thousands of murders in the U.S.. Overall, the murder rate of mail order brides is far below the overall murder rate in the United States according to FBI statistics and far less in their home countries as indicated in the aforementioned Pravda article. All the facts indicate that more Russian women will be murdered and abused worldwide as a result of IMBRA. An estimated 3000 women a year will be murdered in Russia alone as a direct result of IMBRA.

• On March 7, 2006, The United States District Court for the Northern District of Georgia issued a restraining order temporarily enjoining the government's enforcement of IMBRA as to one marriage broker based in Atlanta, European Connections and Tours. [6] A trial was held in early April to determine its Constitutionality. A final decision has not yet been rendered, but the temporary restraining order to remain in place until the court decides the issue.

Representation in the arts

The 1986 children's novel Sarah, Plain and Tall by Patricia MacLachlan, winner of the 1986 Newbery Medal, features a 19th century American mail-order bride, Sarah, who travels from Maine to Kansas to marry a farmer.

The feature-length 1991 BBC TV movie Filipina Dreamgirls was a fictionalised account of the stories of a number of couples.

The 2001 movie Birthday Girl is about a Russian mail-order bride who goes to live with a banker in the UK.

The 2001 graphic novel Mail Order Bride by Mark Kalesniko is about Kyung Seo, who is more fully human than her Canadian suitor ever had anticipated. Neither party to the arrangement is satisfied by their new life together.

The 2003 movie A Foreign Affair starring David Arquette and Emily Mortimer is about two brothers seeking a bride using the internet. The movie "A Foreign Affair" was re-released as "Two Brothers and a Bride" and received good reviews.

The 2003 movie Mail Order Bride tries to find humor in a story about the Russian and Italian Mafia involved in the business of human smuggling.

The 2004 film Mail Order Wife is a mockumentary of a documentarian's attempt to film the marriage between a Queens-dwelling doorman and his Burmese bride.

An episode of Aqua Teen Hunger Force titled "Mail-Order Bride" involves the characters Master Shake and Carl "splitting" a mail-order bride. Shake wants her to cook and clean; Carl wants her for sexual reasons.

External links

Australia

• Migrating as a Spouse, Partner or Fiancé(e)

Canada

• Citizenship & Immigration

Taiwan

• The Taipei Times, (search for "foreign brides" in its full archive search; free registration required)

USA

• The "Mail-order Bride" Industry and Its Impact on U.S. Immigration
• A political advocacy website opposing the International Marriage Broker's Regulation Act
• Mail Order Husbands?, an article that explores the lack of foreign men available for American women
• The Tahirih Justice Center's International Marriage Broker Project to give legal assistance to mail order brides
• Law Brands American Men As Abusers