Divorce in the US or Annulment in the PH?

[Calypso 464]

A close friend married her USC husband in the PH. She came here on a CR-1 visa. Things are not working so she wants a way out. Does she need to divorce him or him to divorce her in the US or file an annulment in the PH? Also, she's waiting for her I-751 to get approved. They filed jointly two months ago. If divorce would get started before she receives her 10-year GC, what would happen?

Edited July 19, 2014 by Calypso

[Hank_ 9,174]

She needs for her husband to petition to divorce her, if she petitions the divorce it will NOT be recognized in the Phils.

Not sure what will happen with the ROC process as "that" application is based on the two of them being together. The process is different if divorced.

[Greenbaum 12,259]

She can obtain her 10 year green card without your friend. He can send a letter to USCIS if he would like in protest, but it will have no influence or effect on her. If and interview is scheduled, and he doesn't show for that interview, his wife's application will be denied, and she will have to reapply for her 10-year card without his assistance. Keep in mind, if there is no interview and the ROC is approved, then she will have her GC without his influence.

An area that he has to be aware of, is the Affidavit of Support, which will remain in effect and a divorce will not terminate it. If it is of any conciliation to him, it wouldn't be likely that it will be put to use. It would only happen if his wife were to receive government aid (welfare), and that isn't certain. His petition (AOS) had already been exercised when she arrived on her "K1" (or whichever visa they used) and he will be liable for the 10 years.

I hope this helps.

Edited July 19, 2014 by Greenbaum