This is an immigration question. You will usually have to appeal the form I-130 to the Board of Immigration Appeals or ask for a motion to reconsider. In many situation, re-filing with an experienced immigration attorney is best, where you are in love with your spouse and can prove it with documentation and testimony.
Only in extremely rare situations, should an attorney file directly in Federal District Court; an applicant takes a tremendous risk that such a lawsuit will be dismissed. The attorney must prove that the USCIS was somehow wilful and wanton by intentionally denying a good case knowing it should have been approved. It is unclear how the Government will react to such an extreme act.
The DHS 'may' but does not have to issue a notice to appear to send you to immigration court. It can take no action. This can encourage you file an appeal or re-file the form I-130. The local USCIS office has control over whether to approve a form I-130. That is, unless the form I-130 is filed and decided at the USCIS Western Application Center in California. At this point, you should candidly discuss the marriage with an experienced immigration attorney in the privacy of their office. The conversation is confidential and you may learn what to do at this point.
It is unclear whether you should take an appeal. If the form I-130 petition is poorly documented with evidence of the marriage, then the appeal can prove useless. Also, if the DHS investigated the marriage, then the investigation may prove unclear at this point or have damaging information.
Generally, it may be best to re-file, but an experienced attorney should take a look at the petition and the documents that you provided to the USCIS before deciding whether to re-file or appeal. Your case is more likely to end up in immigration court and be complicated where you appeal with an underdocumented I-130 petition, but this is unclear without further review by an attorney.
The above is general information and does not create an attorney-client relationship.
