I have not filed a I-130 for my current husband.

Good. That makes things cleaner.

Ok, How can we get re-married if we do not get a divorce?

You can't. You need to get the prior marriage properly terminated first. If this is being handled in Mexico, and it's proving difficult, I'd just do it in the U.S. It will probably be faster, and USCIS is less likely to question its authenticity.

I appreciate all your advice, time and help concerning this delicate matter.