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Do we need a waiver?

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  • Do we need a waiver?

    My immigrant wife came into the country on a B1 visa and applied for AOS to F1 after 3 months. She changed address so did not get any approval or denial in the mail. Subsequent attempts to determine status were unsuccessful. Three years down the line the college where she was enrolled eventually notified her of the denial. At that point we decided to get marrried though she was ready to live the country.
    Our attorney has recommended that we get a waiver for two reasons. First my wife accepted employment on an invalid SSN after a year which job she worked for two years. Second is there any recourse for the denial because she never really got the notice although she filed a change of address with the INS?
    We do not intend to lie when we file our papers but would not wish to be victims of the truth at the same time. I have read through alot of posts but have not seen a case quite like ours. Is there any hope for us?

  • #2
    My immigrant wife came into the country on a B1 visa and applied for AOS to F1 after 3 months. She changed address so did not get any approval or denial in the mail. Subsequent attempts to determine status were unsuccessful. Three years down the line the college where she was enrolled eventually notified her of the denial. At that point we decided to get marrried though she was ready to live the country.
    Our attorney has recommended that we get a waiver for two reasons. First my wife accepted employment on an invalid SSN after a year which job she worked for two years. Second is there any recourse for the denial because she never really got the notice although she filed a change of address with the INS?
    We do not intend to lie when we file our papers but would not wish to be victims of the truth at the same time. I have read through alot of posts but have not seen a case quite like ours. Is there any hope for us?

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    • #3
      I am not really sure. However, as you are already married, I would go ahead and file for AOS to permanent resident. At this point you will be informed by the BCIS as to whether or not you really need a waiver. Just filing one for fun doesn't exactly work (although it never hurts to be prepared if necessary).

      Comment


      • #4
        Thanx Spouse for your response. Is it possible to seek a waiver the period after filling for AOS and before the interview? Will it be ready by then? Will the interviewer be aware of it? Is my wifes position the same as a visitor who overstays or will the first AOS be reactivated?

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