Voluntary Departure

I was facing deportation in 2008. My gf prior to the incident became pregnant and we decided to get married. While facing deportation she decided to sponsor me to get my permenant resident. I had a lawyer and everything but while married for 3 years we never got an interview or anything and kept going to removal proceedings court every year up until now. My wife and I got into problems while married we have two kids now. She Stopped the sponsoring process last year because of it. So now I've filed for daca a few months ago and still not approved. I came to this country legally as a student since 2002. Still don't have any status. Working permit has been expired. Anyway, I have now filed for voluntary departure, my next court date is march 13th of next year. I want it to be approved before then.

My question is...since my wife and I are on great terms and after I get approved for voluntary departure and travel. Will I be able to file for green card with my wife while I'm overseas ? Please help! I also believe my lawyer was no help and just a crook. I've paid over 7 thousand dollars in fees.