Mail-order bride

Mail-order bride 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. 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. 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].

Men who list themselves in such publications may be referred to as mail-order husbands. This term is less common and generally implies a man who seeks a mail-order bride. 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.

Comparison with other matchmaking forms

Classified and online matchmaking services

Main article: online dating service

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.

Arranged marriage

Main article: arranged marriage

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.

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 during an interview and often consists wedding photos, love letters, and other articles indicating a genuine marital relationship. 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:

• 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. [3][4] [5] 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." [6] [7]

• 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, Gerorge W. Bush signed the "International Marriage Broker's Act" (IMBRA) as part of the reenactment of H.R. 3402: Violence Against Women and Department of Justice Reauthorization Act of 2005 [8]. The requirements of the law are controversial, and some commentators have claimed that it presumes that American men are abusers [9]. 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 [10].
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 concerns that because of the particular susceptibility of mail order brides to domestic abuse and that they are unfamilliar with the laws, language and customs of their new home, special legislation was needed to protect them. [11] The United States Congress specifically considered several notable cases mentioned in the Congressional Record. Three of the most famous cases are:

1. 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. [12] [13]
2. 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. [14]
3. 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. [15] [16]

• 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. [17] A trial was held in early April to determine its Constitutionality. A final decision has not yet been rendered, but the parties to that lawsuit agreed to allow the temporary restraining order to remain in place until the court decides the issue.

• 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 [because those challenging IMBRA do not have a substantial liklihood of prevailing on their claim that IMBRA violates the First Amendment.]" [18]

Representation in the Arts

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 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, a non-profit organization dedicated to providing legal assistance to mail order brides