Mail-order brides in a global world.

• Author: Belleau, Marie-Claire
• Position: Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets

1. INTRODUCTION

   One's first impression upon visiting the mail-order bride ("MOB") web sites and reading the catalogues is of personal ads for singles in the age of globalization. (2) The growing solitude of adults who have gone through difficult relationships, separations, and divorces--coupled with the difficulty of meeting compatible, available people--leads many to turn to specialized introduction services in the hope of meeting a soulmate. Today this phenomenon has assumed global proportions. The global quest for romance has been made possible by the growing accessibility of information technology networks and international travel. In this theoretical scenario, the ultimate goal is an intercultural marriage, with the objective of enabling the woman to immigrate.

   While the first impression offered by international introduction agencies corresponds to the way the mail-order bride agencies and the First World husbands describe themselves, this first impression does not take into consideration the point of view of women. (3) Indeed, anti-feminist backlash is a recurring theme on the mail-order bride web sites. (4) A closer look at the mail-order bride practices of these introduction agencies--which I will also refer to as MOB practices--reveals multi-dimensional and interrelated inequities that place the bride in a position of dependence in relation to her First World husband. The true result of the MOB practice is a flourishing and lucrative industry involving the trafficking of women from the Third World to husbands in the First World.

   The mail-order bride trade feeds on highly unrealistic and contradictory expectations about marital relationships. The First World husband is typically looking for a docile, submissive, and subservient bride whom he can control and dominate. (5) He seeks a MOB specifically because of sexist sentiments, and his hatred and fear of the feminist movement. He rejects women of his own nationality as wives because he considers them to be aggressive and egotistical. He believes they are too ambitious, make excessive demands in marriage, and have expectations of equality with their husbands. He criticizes the desire of women for autonomy, independence, and equality. The bride, on the other hand, desires an American of the Hollywood star variety: a good, respectful, faithful, and loving husband and father. (6) The ideal type is white, tall, and has blue eyes. This trade is founded on the crudest of stereotypes, where the merchants of dreams--the MOB agencies--get rich not only at the expense of the First World husbands, but above all at the expense of the brides.

   In this paper, I will first briefly describe the legal framework of the MOB trade in Canada and in the United States as well as the different scenarios that await the bride upon her arrival in North America. Then, I will turn to the inequalities between countries and the sexism at the global level that leads to a flourishing MOB trade. I will conclude with a few recommendations.

2. THE LEGAL FRAMEWORK OF THE MAIL-ORDER BRIDE TRADE

   1. The Law in Canada

      In Canadian law, there is no specific legislation governing the mail-order bride trade. Consequently, the various legal transactions involved in this phenomenon fall within several different areas of Canadian law--both private and public--and in both federal and provincial jurisdictions. The MOB trade raises issues relating to contract law, (7) immigration law, (8) marriage law, (9) criminal law, (10) and private international law, (11) among others. In short, the mail-order bride trade under Canadian law seems inextricably caught in a maze.

      In the context of this maze, immigration law plays by far the most important role. Until recently, women immigrated to Canada with a spousal visa when the marriage had been held in the bride's country or with a fiancee's visa when the marriage was to be held in Canada. (12) In both cases, the bride or spouse acquired permanent resident status upon arrival in Canada. However, in the case of the fiancee's visa, the bride and her husband were under the obligation to marry and to prove that the marriage had been held within a period of ninety days from her entry into Canada. (13) This condition gave tremendous power to the husband over his bride and led to increased abuse since she became an illegal immigrant in Canada if she did not meet these requirements within the ninety-day period. (14) In June 2002, Canada recognized spouses and common-law partners for immigration purposes. (15) With this legislative reform, Canada abolished the fiancee's visa. In addition, while under the former law the duration of the sponsoring period of the spouse by her First World husband could be up to ten years, the new regulations implementing the legislation have reduced it to three years, thus further limiting the length of the relationship of dependency between the two. (16)

      A critical analysis of the legal framework governing the practice of mail-order brides raises complex questions involving government immigration policy. The immigration policies of most Western countries--under the pretext of regulating trafficking in people and protecting women--are closing the doors to the most disadvantaged people in Third World countries. (17) I favor the prevention of trafficking in women because it is a growing and, in my view, inevitable phenomenon in an era of increased mobility, and because it has a significant effect on the lives of women. Nevertheless, I am opposed to an outright ban on the mail-order bride industry in order to provide the women involved with complete access to measures necessary for prevention and protection.

   2. The Law in the United States (18)

      Unfortunately, the United States approach illustrates the disastrous consequences of conditional resident status of the bride and the control over her granted to her American husband. Like Canada, the United States regulates the MOB industry primarily through its immigration law.

      In recent decades, the United States has enacted legislative changes to combat fraudulent marriages. For example, in 1986 the Immigration Marriage Fraud Amendments (19) created a conditional residence scheme. Under this Act, the husband applies for a spousal or fiancee visa. The fiancee-bride must marry her husband within ninety days of her arrival in the United States. (20) However, the spouse or fiancee only has conditional resident status for a period of two years. During the three month period prior to the expiration of this two-year period, (21) the husband and the bride must make a joint application for permanent resident status for her. (22) Administrative delays, however, may prolong the waiting period for permanent residence status for as long as four years. (23)

      Conditional resident status is generally denounced for keeping the bride dependent on her husband for many years. In fact, the husband wields a great deal of power over her since he can threaten to have her deported at any moment. (24) In 1990, following the recommendations of a committee on spousal violence inflicted by United States citizens against foreign spouses, (25) a legislative amendment was passed to enable brides to seek exemption from the joint application and be granted permanent resident status on the grounds that their husbands had battered them or subjected them to extreme cruelty. (26) The burden of proof required by these new statutory provisions, however, was too heavy. (27)

      In 1994, the United States Congress acknowledged that the 1990 statute was insufficient to free a bride from the yoke of an abusive husband and enacted the Violent Crime Control and Law Enforcement Act. (28) The Act allows a bride to apply for exemption from the requirement of filing a joint application for permanent resident status if she proves her good character, her good faith in getting married, the...