IIB 111th CONGRESS 2d Session H. R. 6397 IN THE SENATE OF THE UNITED STATES November 17, 2010 Received December 22, 2010 Read twice and referred to the Committee on the Judiciary AN ACT To amend section 101(a)(35) of the Immigration and Nationality Act to provide for a marriage for which the parties are not physically in the presence of each other due to service abroad in the Armed Forces of the United States.

1.

Short title

This Act may be cited as the Marine Sergeant Michael H. Ferschke, Jr. Memorial Act.

2.

Military marriages lacking physical presence

Section 101(a)(35) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(35)) is amended by inserting before the period at the end (except for failure to consummate the marriage caused by physical separation due to the service abroad of one of the contracting parties in an active-duty status in the Armed Forces of the United States).

3.

Compliance with PAYGO

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives November 15, 2010. Lorraine C. Miller, Clerk.