First, it is unfortunate that you put yourself in a situation where you entered into a fraudulent marriage in order to obtain your lawful permanent residence. Engaging in any kind of fraud is illegal and can lead to criminal charges and civil sanctions...not to mention that it is just "not the right thing to do." I hope that your previous experience particularly coming close to getting into real immigration and criminal trouble has made you think about the choices you make. Now, that you have a child with a USC citizen, you owe that child to be a ethical and law abiding father. That said, if there were never criminal charges filed against you for the fraudulent marriage and there were no specific immigration finding that you engaged in fraud by entering into a fraudulent marriage to obtain the benefit of your permanent residence then you can try to adjust your status through your USC spouse. Your USC spouse would have to file a family based petition (I-130) to immigrate you. Once the visa is approved then you would have to file the remaining applications to adjust your status to that of a lawful permanent resident. Depending on how you initially entered the United States, you may or may not be able to adjust your status in the U.S. Given your past immigration history, I strongly urge you to speak with an immigration attorney to obtain further guidance. My response is limited by the few you provided so if there are additional factors that I am not aware of, my advise may change. Thank you.
Answered on Jul 20th, 2012 at 4:23 PM