Mail-order bride: Difference between revisions
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'''''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 |
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seek to have an available woman come from the metropolitan centers. [http://www.reference.com/browse/wiki/Mail-order_bride 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. [http://www.scienceagogo.com/news/20040819224859data_trunc_sys.shtml "Ancient Man spread the love around"] |
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| ⚫ | - 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. People often say “beautiful mail-order bride” because they are always much more beautiful than Western women. 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 [http://www.heart-of-asia.com]. Africa is also a source of a growing number of mail order brides. |
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| ⚫ | 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." [http://uscis.gov/graphics/aboutus/repsstudies/Mobappa.htm] |
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- 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." [http://www.uscis.gov/graphics/aboutus/repsstudies/Mobappa.htm USCIS Study] |
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- 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." [http://english.pravda.ru/hotspots/crimes/25-11-2003/4171-domesticviolen-0 14,000 wives are killed by husbands in Russia a year] |
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- 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 [http://www.cia.gov/cia/publications/factbook/geos/rs.html CIA Factbook]. |
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-"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." [http://www.oah.org/pubs/magazine/migrations/sinke.html "Migration for Labor, Migration for Love: Marriage and Family Formation across Borders"] |
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| ⚫ | - '''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. |
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| ⚫ | - 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." [http://uscis.gov/graphics/aboutus/repsstudies/Mobappa.htm] |
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==Immigration issues by country== |
==Immigration issues by country== |
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===United States=== |
===United States=== |
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| ⚫ | The [[United States]] issues a [[K-1 visa|K-1 "fiancé(e)" visa]] that |
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| ⚫ | The [[United States]] issues a [[K-1 visa|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 [[immigrant]]s 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 [[spousal abuse|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 [http://ilw.com Immigration Letter Weekly]. |
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The parties can also marry before the fiancée enters the United States in which case the spouse must retain her residence outside the United States and her U.S. citizen spouse (or permanent resident alien) can apply for a permanent residence visa for her, in which case the visa is processed at the consulate and she is issued a "green card" valid from her date of entry into the United States, though she may also be subject to the two year condition as stated above if the date of entry is less than two years after her marriage date. |
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===Canada=== |
===Canada=== |
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Canadian [[immigration law]]s have traditionally been similar to but slightly less restrictive than their US counterparts |
Canadian [[immigration law]]s have traditionally been similar to but slightly less restrictive than their US counterparts. |
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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. |
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. |
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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 marriage|same sex couple]]s) that have had conjugal relations together for at least one year |
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 marriage|same sex couple]]s) that have had conjugal relations together for at least one year. |
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===Taiwan=== |
===Taiwan=== |
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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). |
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). |
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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). |
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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. |
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. |
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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. |
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. |
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===Classified and online matchmaking services=== |
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Classified listings were a common matchmaking practice for many years. With the advent of the internet, online matchmaking websites have prolifrated and largely replaced traditional paper-based classifieds. In contrast to mail-order brides, individuals using these services tend to seek partners with a common culture and language. There is no implied expectation of relocation to a more favorable environment. These services are widely used as an aid to traditional dating with no implied expectation of marriage. |
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===Arranged marriage=== |
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An arranged marriage is one in which the marital partners are chosen by others, usually parents, based on considerations other than the pre-existing mutual attraction of the partners, while a mail-order bride is selected by a man from a catalog of such women, sometimes with the assistance of a [[marriage agency]]. |
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Marriage agencies and mail-order bride publications are legal in almost all countries. Certain notable legal issues are: |
Marriage agencies and mail-order bride publications are legal in almost all countries. Certain notable legal issues are: |
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* 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). |
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===Philippines=== |
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| ⚫ | *The Philippines prohibits organizing or facilitating marriages between Filipinas and foreign men. The Philippine congress enacted [[Philippine Republic Act 6955|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 |
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* 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. |
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===Belarus=== |
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[http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01948.htm USCIS] |
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*Recently in 2005 President [[Alexander Lukashenka]] attempted to regulate "marriage agencies" in [[Belarus]] and make it difficult for them to operate as he believed that western men were draining his country of all the women of child-bearing age[http://www.data.minsk.by/belarusnews/082005/100.html]. However as most agencies are being run from outside Belarus (either in Russia, European countries or in the United States) his regime has been unable to stop or otherwise regulate this activity. |
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* 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. |
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===United States=== |
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| ⚫ | *The Philippines prohibits organizing or facilitating marriages between Filipinas and foreign men. The Philippine congress enacted [[Philippine Republic Act 6955|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. |
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*On [[January 6]], 2006, President George W. Bush signed the "International Marriage Broker Regulation Act of 2005" (IMBRA) as part of the [[United States Violence Against Women and Department of Justice Reauthorization Act|H.R. 3402: Violence Against Women and Department of Justice Reauthorization Act of 2005]] [http://www.govtrack.us/congress/bill.xpd?bill=h109-3402]. The requirements of the law are controversial, and some commentators have claimed that it presumes that American men are abusers [http://www.ifeminists.net/introduction/editorials/2006/0111.html]. The law stipulates that, before a foreign woman's address may be sold to a US citizen or resident: |
*On [[January 6]], 2006, President George W. Bush signed the "International Marriage Broker Regulation Act of 2005" (IMBRA) as part of the [[United States Violence Against Women and Department of Justice Reauthorization Act|H.R. 3402: Violence Against Women and Department of Justice Reauthorization Act of 2005]] [http://www.govtrack.us/congress/bill.xpd?bill=h109-3402]. The requirements of the law are controversial, and some commentators have claimed that it presumes that American men are abusers [http://www.ifeminists.net/introduction/editorials/2006/0111.html]. The law stipulates that, before a foreign woman's address may be sold to a US citizen or resident: |
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#The man must complete a questionnaire on his criminal and marital background. |
#The man must complete a questionnaire on his criminal and marital background. |
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#The seller must obtain the man's record from the [[United States National Sex Offenders Public Registry|National Sex Offenders Public Registry]] database [http://www.nsopr.gov/]. |
#The seller must obtain the man's record from the [[United States National Sex Offenders Public Registry|National Sex Offenders Public Registry]] database [http://www.nsopr.gov/]. |
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#The woman must certify that she agrees to permit communication. |
#The woman must certify that she agrees to permit communication. |
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* In enacting IMBRA, the Congress of the United States was responding to |
* 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. All the “abuse” cases appear to be fraudulent. 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. Thousands of women will be murdered and abused worldwide as a direct result of IMBRA and feminist jealousy. |
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[http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2005_record&page=S13753&position=all] |
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[[Image:indle_king.jpg|thumb|right|Indle King, 40, and his mail order bride, Anastasia, 18, before her murder.]] |
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# In September, 2003 a 26-year-old Ukrainian engineer and mail order bride named Alla Barney bled to death on the floor of her car after her American husband Lester Barney, 58, slashed her throat in front of the couple’s 4-year-old son, Daniel. Barney fled with Daniel from the scene, the parking lot of the boy’s daycare center, but after an Amber Alert was triggered he turned Daniel over to a friend and was himself taken into custody by police. Alla had been granted a restraining order against Barney a few months before and had been given temporary custody of Daniel. [http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2005_record&page=S13752&position=all] [http://www.courttv.com/trials/barney/background_ctv.html] |
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# Susanna Blackwell met her husband through an International Marriage Broker called ‘‘Asian Encounters’’ and left the Philippines to settle with him in Washington state in 1994. Blackwell physically abused Susanna, including one incident in which he choked her the day after their wedding. Susanna reported the abuse to the police and obtained a protection order against him. While awaiting divorce/annulment proceedings in a Seattle courtroom many months later, the pregnant Susanna and two of her friends were shot to death. Blackwell was convicted of murdering all three women. |
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# Anastasia King, a young woman from Kyrgyzstan, was found strangled to death and buried in a shallow grave in Washington state in December 2000. At the age of 18, Anastasia was selected by her much older husband, Indle King, out of a marriage broker's catalogue of prospective brides. Two years later, wanting another bride and allegedly unwilling to pay for a divorce, King ordered a tenant in their Washington home to kill Anastasia. Weighing nearly 300 pounds, King pinned Anastasia down while the tenant strangled her with a necktie. Both were convicted of murder. King’s previous wife, whom he had also met through an IMB, had a domestic violence protection order issued against him and left him because he was abusive. [http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2005_record&page=S13753&position=all] [http://seattlepi.nwsource.com/local/brid02.shtml] |
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* On November 18, 2004, a federal jury in Baltimore, Maryland awarded Ukrainian mail order bride Nataliya Fox $433,500 ($341,000 of which were [[punitive damages]]) against international marriage broker Encounters International and its owner, Natasha Spivack. Spivack arranged Nataliya's marriage to an American man with a history of violently abusing women and who, after being matched with Nataliya, savagely abused her over the course of their marriage. The jury unanimously found the marriage broker guilty of [[fraud]], unfair and deceptive trade practices, willful and wanton [[negligence]], unauthorized appropriation of Ms. Fox's name and likeness, and [[defamation]]. The jury found the mail order bride company liable for failing to tell Nataliya about a federal law that allows foreign nationals to escape abusive marriages without fear of automatic deportation, and for actively misleading her about her legal options. The jury also found EI liable for misrepresenting that it screened male clients when it did not; and publicizing Nataliya’s marriage to Mr. Fox as an EI “success” story, without her permission, even after she fled to a domestic violence shelter. [http://www.msnbc.msn.com/id/6884657/site/newsweek][http://www.washingtonpost.com/wp-dyn/articles/A61168-2004Nov18.html] [http://www.legalaffairs.org/issues/January-February-2004/story_labi_janfeb04.msp] On April 14, 2006 a three-judge panel of the United States Court of Appeals for the Fourth Circuit upheld the jury's verdict in full, noting that Spivack's conduct involved "[[moral turpitude]]." [http://www.timesdispatch.com/servlet/Satellite?pagename=RTD/MGArticle/RTD_BasicArticle&c=MGArticle&cid=1137835367639] [http://pacer.ca4.uscourts.gov/opinion.pdf/051139.U.pdf] |
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* 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. [http://www.imbra.org/images/TROJudge_sFinalOrder.pdf] 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. |
* 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. [http://www.imbra.org/images/TROJudge_sFinalOrder.pdf] 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. |
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* On May 26, 2006, the United States District Court for the Southern District of Ohio refused to grant a similar restraining order, holding that "While the likelihood of success on the merits on the Equal Protection claim remains too unfocused to say what party is likely to prevail on the merits, all factors that yield a discernable answer point towards denying the requested TRO" [http://usaimmigrationattorney.com/JudgeRoseOrderDenyingTRO.pdf] |
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==Representation in the arts== |
==Representation in the arts== |
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* [http://www.imbra.org A political advocacy website opposing the International Marriage Broker's Regulation Act] |
* [http://www.imbra.org A political advocacy website opposing the International Marriage Broker's Regulation Act] |
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* [http://www.associatedcontent.com/article/27496/mail_order_husbands.html Mail Order Husbands?], an article that explores the lack of foreign men available for American women |
* [http://www.associatedcontent.com/article/27496/mail_order_husbands.html Mail Order Husbands?], an article that explores the lack of foreign men available for American women |
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* [http://tahirih.org/?template=imb-legal_policy The Tahirih Justice Center's International Marriage Broker Project to give legal assistance to mail order brides] |
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[[Category:Marriage]] |
[[Category:Marriage]] |
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Revision as of 02:47, 8 June 2006
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. People often say “beautiful mail-order bride” because they are always much more beautiful than Western women. 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
and
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).
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.
- 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:
- The man must complete a questionnaire on his criminal and marital background.
- The seller must obtain the man's record from the National Sex Offenders Public Registry database [5].
- The questionnaire and record must be translated to the woman's native language and provided to her.
- 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. All the “abuse” cases appear to be fraudulent. 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. Thousands of women will be murdered and abused worldwide as a direct result of IMBRA and feminist jealousy.
- 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
Canada
Taiwan
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
- Law Brands American Men As Abusers