No waiver needed. Yes, you will have to file an I-485 package in order to adjust status to permanent residence, assuming your new husband is a USC.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I believe that you and your new US citizen (USC) spouse may file the Form I-130 and Form I-485 together at the same time, and that you will not need to file Form I-601A. This opinion isbased on several assumptions: 1. Your new spouse is a USC. 2. You have not departed from the US since your entry as a visitor. 3. You have no gound of inadmissibility other than overstaying your authorized visit. Given you somewhat complicated facts, you should retain an immigration lawyer to help you through the process.
I agree with my colleagues.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.