I would like to marry someone in Texas. He came here on a one entry visa. It has since expired; but before it expired he married someone. After the marraige he was arrested for being in the country on an expired visa. His wife started the paperwork to apply for his permanent residence. They are separeted but not divorced. He had an appoinment/ court date with Immigration that he missed because they are estranged. She now lives in Atlanta. Can he divorce her and marry me, then I can apply for him to stay legally?