and he has two kids at mexico
This person needs to be divorced first then he can get married to you. Otherwise the marriage will not be a valid and therefore you will not be able to petition for this person. Also if you try to marry him, he might be faced with bigamy (which is a crime in most states).
You can read more about marriage on the link below, check under publications.
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My colleague is right - he must finalize his divorce first before entering into marriage again. Please speak with an experienced family law attorney to obtain information about how to file for his divorce from the U.S.
Renata Calderaro, Esq.
The Calderaro Law Group
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