my girlfriend have two kid ( not my son).
If you have ample documentation of your shared life together, and you are legally able to get married (for example, she isn't still married to someone else), and you can talk credibly about the details of your relationship, and your wife to be has not disqualifying crimes, then there should be no problem with the I-130.
If your only issue is the visa overstay, then your I-485 should not be a problem. Other issues might include criminal matters, prior admissions and overstays, lying about your immigration status for a variety of purposes, health issues, financial issues, and other immigration matters (like prior removal orders or encounters with immigration officals).
For a detailed assessment of your chances, I agree, schedule at least a consultaton with an immigration attorney.
You said you "overstayed" your visa, so that means that you came into the US legally, correct?
If your girlfriend is a US Citizen; if you still have proof of your legal entry and depending on the visa you entered with, you may be eligible to adjust status in the US.
I would recommend that you consult with an attorney to determine if you are eligible to adjust and to file the case for you. Either mysyelf or one of my colleagues.
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