This thread is bizarrely going around in circles.
OP, bottom line: you currently LIVE in the United States. There is therefore NO domicile issue. You do NOT qualify for DCF. Things have changed since 2009.
If you want to bring your spouse here, file a petition and join the queue like everyone else.
If you don’t qualify to sponsor an immigrant, get a joint sponsor, like everyone else.
I don’t get why you’re making it so complicated and focusing on a petition that never led to a visa 14 years ago. I recommend you read the guides at the top of the page on how to sponsor a spouse for an immigrant visa. Yes, there is waiting involved and no way around that.