Can maintenance be denied?
Now if there is an agreement that both spouses are living seperately and will not claim maintainance then this can be a ground to deny maintainence. The second ground on which she would not be entitled to Maintenance Allowance is the ground of her refusal to live with her husband without any sufficient reason.
Can a marriage based adjustment of status be denied?
However, if USCIS was correct about the facts and the law, then you can expect a denial if you renew or refile without first taking other steps to remedy the basis for your apparent inadmissibility. In some cases, you might be able to request a waiver of inadmissibility. The rules for waivers are complicated, however.
What happens if your adjustment of status is denied?
If USCIS did not revoke or deny your family petition (the I-129F or I-130) then, in Immigration Court, you will have an opportunity to “renew” your application for adjustment of status. This means that you can give the same I-485 to the immigration judge and present your case without needing to file a new petition or pay application fees again.
Why was my application for a spousal visa rejected?
However, her application for a spousal visa was rejected. The reason for the rejection was because the Immigration Act prevents a person from changing their visa status while in South Africa unless there are exceptional circumstances. 3 The Immigration Regulations refer to two categories of “exceptional circumstances”.
Can a divorce cause an immigration status denial?
If immigration benefits are based on a relationship with the spouse petitioner or a spouse principal beneficiary, a divorce will likely result in the denial of the case. In fact, even filing for a divorce or separating is enough to invalidate the qualifying relationship.
However, if USCIS was correct about the facts and the law, then you can expect a denial if you renew or refile without first taking other steps to remedy the basis for your apparent inadmissibility. In some cases, you might be able to request a waiver of inadmissibility. The rules for waivers are complicated, however.
Can You appeal a denial of adjustment of status?
Put another way, no one has a “right” to adjust status. Because this benefit is discretionary, you have no right to appeal a denial. However, you might have another chance to make your case for adjustment of status. How and when you can do so will depend on your specific situation. Below are some common scenarios.
What to do if your spouse is denied a green card?
The beneficiary spouse will also need to file either of these two forms above as applicable. If you are already in the U.S., you will file an I-485 to adjust your status. If you are overseas, you will go through consular processing and file a DS-260 for an immigrant visa.
When does USCIS deny an application based on marriage?
Most often, in cases based on marriage, USCIS denies an application if it did not think there was enough evidence that the marriage was bona fide.