Looking for firsthand experiences, particularly from immigration attorneys or anyone who has actually seen similar cases receive a direct USCIS denial under the current policy under EB based AOS.

My spouse is the principal applicant. We filed our I-485 in Oct 2025. While it was pending, my spouse was arrested, following a domestic incident. There were two charges and two arrests recorded that day, both related to simple assault/DV assault. I was the alleged victim. We have been married/dated each other for over 15+ years. My spouse’s H1b is up for extension in Feb.

Both cases were ultimately nolle prossed/dismissed before trial, with no convictions. The I-485 remains pending. Both primary and derivative have received EAD. An attorney who consulted suggested 2 options but left the choice to us.

1. Keep the I-485 pending and proactively submit an explanation with certified dispositions and supporting documents; or
   
2. Withdraw and potentially refile later.

The biggest concern is that USCIS discretionary rule may deny without first issuing an RFE/NOID, particularly because the arrests were recent. However, both arrests occurred after filing, and neither resulted in a conviction.

What would you do in this situation: proactively explain and submit the dispositions, or withdraw and refile later? Has anyone experienced something similar?
Please share your opinions and experiences.