递解令 -can still apply without going to court,

Currently, even there is a removal proceeding or even deporataion against the applicant, Attorney Genearl has granted USCIS power to adjudicate cases even the applicant is in removal proceeding as of May 12, 2006.
You MUST provide the bona fide of the marriage as it's still discrection.

Where are you located? If in NY, you have a lot of choice. it's still safe to hire a competent lawyer to handle the interview for you.