'Forgiveness' wavier - do we need one after marrying on a VWP/tourist visa?

[fluffy_pink_tofu 0]

Hi everyone!

Just a little background to our story... I met my (now husband) just over three years ago while we were both living in Japan. He is a US citizen and I'm Australian. Since then we've been back and forth visiting & living for short periods in each other's countries and in mid-late March I arrived for another 5 week visit. On the third day of my visit, he "popped the question" and I agreed after deciding it was absolutely ridiculous for us to no longer be together. We made a few plans for a low-key wedding and got married last Friday!

As neither of us have never entered into anything like this before, are both professionals, have no criminal record/debt/valid reason to be rejected, we didn't anticipate having any problems adjusting my status and applying for a green card/work permit. However I came across on the VWP/tourist visa (with no intent to marry), we rang an attorney who said that we need to apply for a "forgiveness" wavier of some sort prior to sending in our AOS/EAD documents.

I've searched online but can't find any info on this and was wondering if anyone else has gone through this process?

Am I able to apply for the AOS/EAD without this wavier?

The attorney is a little pricey so we're hoping to do the paperwork ourselves (seeing as we didn't plan for me to not be working/living here we have extra expenses!). So any info or words of advice would be warmly appreciated

Many thanks in advance!

Cheerio, Monique

[Dr_LHA 3]

No. You're fine. Spur of the moment marriage on VW are allowed. There is no "forgiveness waiver" needed.

I should also say that with the help of people here you should have no problem filing for a green card without the need for an expensive, and from the sounds of it, incompetent lawyer. Read the guides linked above.

Edited April 19, 2007 by Dr_LHA

[Yodrak 7]

Monique,

I'm pretty sure that this "forgiveness waiver" is a figment of that particular attorney's immagination. Perhaps something to help justify his pricey fee.

If I were in your position I would at least consult with an immigration attorney - a different immigration attorney - to review the facts of your case with you. Then, if you still feel that you can do it on your own, go for it - many do and are successful. But it would be good to have an attorney review and an attorney's advice on presenting your case to minimize chances that the USCIS will come to the conclusion that you entered as a non-immigrant with immigrant intent. Like nuclear power, the risk is low but the consequences are high.

Yodrak

Hi everyone!

Just a little background to our story... I met my (now husband) just over three years ago while we were both living in Japan. He is a US citizen and I'm Australian. Since then we've been back and forth visiting & living for short periods in each other's countries and in mid-late March I arrived for another 5 week visit. On the third day of my visit, he "popped the question" and I agreed after deciding it was absolutely ridiculous for us to no longer be together. We made a few plans for a low-key wedding and got married last Friday!

As neither of us have never entered into anything like this before, are both professionals, have no criminal record/debt/valid reason to be rejected, we didn't anticipate having any problems adjusting my status and applying for a green card/work permit. However I came across on the VWP/tourist visa (with no intent to marry), we rang an attorney who said that we need to apply for a "forgiveness" wavier of some sort prior to sending in our AOS/EAD documents.

I've searched online but can't find any info on this and was wondering if anyone else has gone through this process?

Am I able to apply for the AOS/EAD without this wavier?

The attorney is a little pricey so we're hoping to do the paperwork ourselves (seeing as we didn't plan for me to not be working/living here we have extra expenses!). So any info or words of advice would be warmly appreciated

Many thanks in advance!

Cheerio, Monique

[Kez/JWolf 6]

I did exactly what you are doing.... I came on a VWP and got married on the spur of the moment.... you do not need a waiver and yes the forms are easy to do yourself...

We did have a meeting with a immigration lawyer just to find out if they thought we would have problems.... but we did all the paper work and I have had my greencard since Nov 2005...

good luck

Kez

[Singers 0]

I "think" what the lawyer was referring to was filing a I-601 waiver *if* USCIS finds that you intentionally came here to immigrate. (That is what one of the lawyers I met with referenced when we did our legal consults.) I would agree with everyone else.. the chances are extremely low you would ever need this.

[fluffy_pink_tofu 0]

Awesome! Many thanks for everyone's advice. I think we'll consult a second immigration lawyer for a second opinion but fill in the forms ourselves.

Cheers