Your USC spouse needs to file an I-130 for your benefit, then you need to apply for the immigrant visa at a US embassy abroad. I have no idea about your son's I-751, thats a separate matter and whether you get an immigrant visa based on marriage to a USC should not affect your son's I-751 chance of success. I don't understand why you filed form I-192 or why it was deemed late, etc..so I cannot comment on that. You mention you have a lawyer, so talk to him/her about these facts, hopefully they know your immigration history and can guide you.
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Your question is confusing. You need to lay out the facts more clearly in order to get a good response.
Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Yes, your spouse can file the I-130 in spite of the failed 192. The rest of your statement is either inaccurate or irrelevant.
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Your spouse can file an I-130 petition on your behalf. You will need to prove that you and your spouse entered into a bona fide marriage. You will need to provide documentation to support that your marriage was legitimate. Also, the filing of an I-130 does not have any affect on your son's filing of an I-751 petition.
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