Hello. He would need to get that divorce first. He may try and get it done in the US with the cooperation of his wife or she could do it from Mexico without him going. Once he is divorced, you may marry and process his green card. It is normally OK if he overstayed, however, it will depend on the type of visa and any other immigration issues he may have had while in the US. In addition, you may petition the son as a step-child. If he is still in Mexico, he will need to go through consulate processing after the case is initially approved in the US. We can help with all these processes. Feel free to email or call if you have additional information or would like a free consultation. Harun@ksvisalaw.com 858-874-0711.
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