Enough time to apply for citizenship?

[Beachbums196]

I met my bf- a USC at school in 2006. We got married in dec 2007 but didnt file for my green card til sep 2008. I got my greencard mar 2009.
Summer 09 my husband and i went back to my home country for a visit for 2 weeks (i had never left the states before this). Unfortunately, my marriage failed apart soon after that trip. We focused on paying bills instead of caring for each other. We separated in sep 2009 in mutual but no divorce and I went back to my home country for 3 months for an internship.
Dec 2009 i came back trying to reconcile with him but it didnt work. We agreed on being friends. Still no divorce.
Feb 2010, i came back to my home country to work. Back to the US in aug 2010 for 1 week.
I started to date my child's father in 2010. Back to the US again in jan 2011 for 1 week when i got USCIS's letter for my 10-yr greencard. Feb 2011 back to the US for 1 week for fingerprints. Got my 10-yr greencard sent by my husband by mail.
Jun 2011 i learned that i was pregnant so i couldnt go back within 180 days from my last day in the states. I went back in oct 2011 for 10 days when my pregnancy was stable. My then-husband and i agreed on the divorce and filed while i was there. It got finalized in jan 2012. He sent me a copy by mail.
I gave birth and got married to my child's father in 2012 in my home country. Since my child was so little, i didnt go back to the states til sep 2012 for 1 week. Alone coz I didnt know about him getting a greencard right then if bringing him with me on my first entry to the states after giving birth abroad. Ofcourse i got a warning for being out of country for 11 months without a reentry permit. Officer at POE told me to use a different document on my next entry coz i didnt live in the states, no point of using my greencard. I still got let in but i misundertood that my greencard got "deactive" and i lost my status. I went home and applied for a B2 visa (stupidly without any consulting with a lawyer) and surprisingly got it with no problem. In the interview they just asked me 1 simple question where and when i planned to go to the states with no mention of greencard or anything.
The end of 2012, my 2nd husband and i got separated since he cheated on me. The divorce was filed beginning of 2013 with a custody battle.
My next 2 returns to the states was in feb 2013 for 3 weeks and apr 2013 for 2 weeks with my B2 visa instead my greencard. During this time i got reunited with my school friend and dated since then. In jun 2013, i went to costa rica for 5 days with him transiting in the states. I left my greencard in my passport holder and that officer questioned me about it. She said i must use it instead of B2 visa since i was LPR. Right then I realized my status was still active.
In aug 2013, i took my boy (B2 visa for him and greencard for me) to the states for 1 month. In oct 2013, my bf went to my home country to visit me. A month later i got pregnant. And my divorce got finalized in jan 2014 with me having the full custody.
Mar 2014 back to the US for 1 week to apply for reentry permit. May 2014 went back for 5 days gor fingerprints. Got my permit in the mail.
My newborn is a USC since his father is a USC. His paperwork is already done. Im not planning on getting married with his dad after 2 failed marriage and a court battle even though its the best and fastest way to get my first born's greencard. The fear is too great to overcome.
Now both kids are with me in the states with i94 is running out of time for my first born.
With my timeline, do i qualify to apply for a citizenship? My lawyer said i needed at least 3 more years to apply for it. Is it true?
About my boy's case what should i do? I cant risk it to give him back to his dad.
Please help i am desperate.

 

[Beachbums196]

According to this:
"The physical presence requirement means you must not have been outside the US for more than a total of 30 months in the past 5 years. The continuous residence requirement is a separate thing, which says you should not be outside the US for more than 6 consecutive months during the past 5 years (but you may be able to overcome that with sufficient evidence of ties to the US held during the 6+ month absence(s))."
. I dont think I stand a chance to apply for citizenship, right?
. If so, would 4yrs 1 day- counting from the last trip out of country, work for me?
. How about the 2 yrs 1 day rule? What is it?

 

[Jackolantern]

The 2 year + 1 day rule is only for people who apply for citizenship based on 3 years of marriage to a US citizen. That requires still being married to the US citizen, so it doesn't apply to you. You'll have to wait 4 years + 1 day, and make sure to apply at least 5 years after the last time you used the B2 visa so it's less likely to cause an issue (they generally don't scrutinize travel that occurred over 5 years before the filing date).

Go ahead and initiate your first-born's green card process ASAP by filing I-130. Filing for adjustment of status (I-485) won't be allowed within the US with an expired I-94 (unless you're a US citizen, which is years away), but after I-130 approval your child would still be able to travel abroad for consular processing, and the overstay in the US won't cause a green card denial at the consulate (due to being under 18). Remember to select an appropriate consulate for Question 22 of the I-130 where it says "If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad..."

 

[Jackolantern]

My newborn is a USC since his father is a USC. His paperwork is already done.

You got a Consular Report of Birth Abroad and a US passport for your newborn?