Removal - Spouse Fails Civics Exam

[Immidabbler]

Any assistance would be most welcomed.

Husband is LPR. Wife overstays by a few months.

Removal proceedings instituted against wife.

Husband, contemporaneous with the removal proceedings, applies for Naturalization. Simultaneously, wife files for Adjustment.

Removal Hearing -- case continued: awaiting results of Naturalization.

Husband takes Naturalization exam and fails twice.

1) How would DHS treat a re-filing of the Naturalization application as it relates to the wife's application for adjustment? (Would DHS be statutorily bound to prosecute the case, or does it have discretion to propose additional continuances while the new application is pending? What are the factors DHS considers when it decides to exercise its discretion in this manner?

2) Was Wife's Adjustment application denied by law as a result of the Husband's failure.

Thank you for reading.

Your insights are appreciated.

[PraetorianXI]

1.- USCIS is not bound to accept a case because of any other reason than the applicant is eligible. The wife
being in removal proceedings will not stop ICE/USCIS.

2.- Overstaying her visa was a VERY bad idea... She is not eligible to AOS and USCIS is not going to spend more tax layers' dollars in kkeping her in the US while the husband naturalizes...