Yes, I been there…. Lost my marriage once and the chance for GC with it.
Soon my children will be old enough to file I-130 on my behave, that’s how long I been hanging here.

I had to start all this annoying and long GC process from a scratch, but for you there is still a chance to win this one.
As far as immigration knows you still married to the same person and they have no reasons to deny your application. Sometimes those attorneys don’t really give the best advices, especially if it’s a new one you just hired.
All of the above advises from ari4u and SherrI980 are good and filling self-petition is good, but the important point girls overlooked is that “CV” waited for this interview for a long-long-long time as a spouse of GC holder. Her interview is already scheduled and all she has to do it to show up with that
other person and she’ll get her Green Card.
What I want to advice you is to confront your “soon-to-be-legally-ex” and talk some senses into his scambagged head. For the love that you shared once, for your child, he must listen and do this one last favor for you. He must go to that interview with you and behave like gentlemen would.
You invested too much in this relationship in the last 13 years. It would be a shame to just loose everything: your family and a chance to stay here legally.
If, for any reason, he can’t/won’t/doesn’t go with you, or if you can’t stand to see that face ever again, then file self-petition ASAP. And you will have to notify that office from where the interview letter came from of your intend to withdraw your application. Otherwise – they will deny it for “no show” and put you in the deportations procedures.
You can transfer your priority date from I-130 to new I-360 and won’t loose much more time. The judge should be your last resort - it’s if your application gets denied.
But from what I read – you have good chances to win. You just have to file in time and with every supporting document they ask in the instruction. Self-petitions rarely get denied.
But remember that INS is a big bureaucracy monster and they care more about timely and competently filed paperwork then real people and their circumstances.
Sorry if I got too emotional – your post brought up some bad memories.
I wish you good luck with your case and your life.
Jane.