Is the legal assistant working for an attorney in a law firm specializing in immigration issues? If not, find yourself an attorney specializing in family immigration. The fact that you say you are not eligible for adjustment of status and are in the US takes this out of being a typical case.

Do NOT wait hoping for the best. Since your I-94 has already expired, you could be accumulating illegal presence which could prevent you from returning for years if you are required to leave for processing,