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NO! His best option is to fight inside the U.S., not outside. He would probably be banned for 10 years if he left and if the decision is a negative one because they determine the marriage is fraud, then it is a permanent ban. So you have to fight inside of the U.S. Wait for a decision and if it is a bad one, you appeal it. It sounds like you have a good case to appeal. Tell your husband to not be afraid that they are going to pick him up. As long as he has no crimes, he is at a very low risk because the government just doesn't have the money to deport everyone that is deportable, so they focus on criminals. Even if they did pick him up, it would be for a few hours to process him and they should release him and schedule him for hearing in the future and that might be a good thing because then you could explain everything to an Immigration Judge that might be more sympathetic. Here is a link so that you can read about ICE priorities to see that your husband is at low risk:
So fight inside the U.S. and if it goes badly, hire an attorney to help you. You can look for one at www.ailalawyer.com.
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