1. your marriage: you did get married for x years
2. you also have a child.
3. you don't have a disolution decree. so your marriage still exist even today.
4. even you filed a divorce today to court, your marriage still were there uhtil courd final decree.
5. your marriage is not entered for immigration benefit only. you do live together for some time. and you even have a child together. although your marriage have problem now. so does many others. the marriage is real.
6. if he go to USCIS, he is try to tell USCIS that all the forms he signed for you was lie. he will get even bigger problem than you and before you.