Marine’s Widow in Immigration Limbo (What do you think?)?

“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”

I read that story earlier today. She can’t be deported. While INS doesn’t recognize marriage by proxy they have to recognize the common law marriage laws of Tennessee. Marriage is defined by State law and not Federal.

This girl has about as much chance of being deported as I do.