My husband who is a US citizen filed for me and we received an RFE for i-130 to be refilled just 1 week after he got arrested for a misdemeanor. Now we need to get the form across to him only to sign and submit back to immigration but would my petitioner's (husband) situation affect my decision to be granted an EAD or should we wait for him to come out of jail before submission? His time in jail might be a total of 6 weeks and 2 weeks already spent. The case for his release is unexpectedly very slow and we still have about a month and half left before the deadline.
It is best to do whatever you can to get the RFE answered within the time you have been granted to provide a response. If you do not submit on time, your case would likely be denied and if you are out of status, you could be issued deportation orders.
When the petitioner/sponsor is arrested, it generally does not affect the ability of USCIS to find a valid, bona fide, marriage and grant a green card to the beneficiary (it is a very different story if the beneficiary is the one arrested). Keep in mind, though, that if this disrupts your husband's job, and therefore, his ability to serve as your financial sponsor, you may need a joint sponsor.
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Attorney Boyers answer is accurate. The only thing I might add is that it is crucial that you comply with all the requirements of the RFE in one response. If you are unsure whether your response is sufficient, you should schedule a consult with an immigration attorney immediately for advice. Failure to provide a thorough response to an RFE may lead to a denial of your case. Do not risk it. Have an attorney review it for you before submission! Good luck!
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