I overstayed my visa waiver
If you weren't divorced you can't remarry, thus you aren't legally married to your current spouse. I would recommend retaining an immigration attorney immediately before issues of fraud and bigamy arise.
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
You can't get married until your divorce is final. If you are already married, then you'll need to annul that marriage, finalize the divorce and then remarry. Otherwise CIS will give no credit to the marriage.
You are not legally married in the US if you were not divorced before and cannot obtain any immigration benefit through your marriage.
I agree with my colleagues here. You need to consult an experienced immigration attorney. At Brandt immigration we have over 25 years combined experience successfully representing immigrants in situations such as this.
Chad M. Brandt