As in US, some states that use common law, you can file tax together just like married couple. So I guess it does not hurt for you to try, it will only do good to your interview, no harm.
I don't understand, why they ask you for an interview after waived you before? Do you ask them to judge according to new immigration law?
Can u plese share your timeline? I applied to Buffalo long time ago. My patience are soon to be exhausted and my eyes are drying for watching so long