(Philippine context; general legal information, not personal legal advice.)

1) Why annulment matters more than divorce in immigration cases

When a US permanent resident (green card holder) got residency through marriage, the government’s core question is whether the marriage was legally valid and entered into in good faith at the time the immigration benefit was granted.

A later marital breakup does not automatically cancel permanent residency. But an annulment can raise special problems because many annulments—especially in the Philippine legal tradition—can treat the marriage as void from the beginning (“void ab initio”), which can trigger arguments that the person was never a “spouse” eligible for marriage-based immigration in the first place.

So, compared with divorce, annulment can have greater potential to “reach back” and complicate the legal foundation of the green card—depending on what kind of annulment it is, what the decree says, and when it happens relative to immigration milestones.

2) Key terms you must understand (US + Philippine concepts)

A. US immigration categories tied to marriage

Conditional permanent resident (CPR): If you got your green card less than 2 years after the marriage began (or less than 2 years before approval/entry in many cases), you typically receive a 2-year conditional green card.
Lawful permanent resident (LPR): A “regular” 10-year green card (renewable card; status is permanent unless taken away through law).

B. The I-751 “removal of conditions” process (biggest pressure point)

If you are a CPR, you generally must file Form I-751 to remove conditions within the 90-day window before the card expires. Usually:

Joint filing with the US citizen spouse; or
Waiver filing if you can’t file jointly (e.g., divorce/annulment, abuse, or extreme hardship).

C. Philippine marriage challenge pathways (often confused)

In the Philippines, there are different legal outcomes:

Declaration of Nullity of Marriage (typically for void marriages): marriage is treated as invalid from the start.
Annulment (typically for voidable marriages): marriage is treated as valid until annulled, then terminated.
Legal separation: spouses live separately but remain married (does not end marriage).
Foreign divorce: historically unavailable for two Filipino citizens married to each other in the Philippines (with important exceptions and evolving jurisprudence), but recognition issues are separate from US immigration validity.

Why the label matters: A decree that the marriage was void ab initio can be more damaging to a marriage-based immigration case than a decree that the marriage was voidable and later annulled.

3) The single most important principle in US immigration

US immigration enforcement usually turns on eligibility at the time the benefit was granted.

So the analysis often becomes:

Was the marriage legally valid under the relevant law at the time?
Was it bona fide (good faith) rather than entered primarily for immigration?
Was there any fraud or willful misrepresentation in the process?

A marriage can be real and loving and still be legally invalid (e.g., bigamy), and a marriage can be legally valid but still be found not bona fide for immigration purposes.

4) Divorce vs annulment: how USCIS/DHS tends to treat them

Divorce (general effect)

Divorce after approval typically does not by itself void permanent residency.
It mainly affects:
- Conditional residents (must file I-751 with a waiver if not filing jointly),
- Naturalization eligibility if relying on the 3-year rule through marriage to a US citizen.

Annulment (general effect)

Annulment can be treated in two broad ways:

A. Annulment that ends a voidable marriage (valid until annulled)

If the marriage was valid until annulled, the immigration storyline is often similar to divorce:

You may still prove the marriage was bona fide.
Conditional residents can typically pursue an I-751 waiver based on a good-faith marriage that ended.

B. Declaration of nullity / annulment that says the marriage was void from the beginning

This is where risk increases:

If the marriage is legally treated as never having existed, DHS can argue you were never eligible for a spousal immigration benefit.
That can lead to:
- Denial of a pending petition,
- I-751 complications,
- Rescission or removal proceedings in more serious scenarios, especially if the underlying ineligibility is clear.

Important nuance: Even if a decree says “void from the beginning,” US immigration consequences can depend on how US authorities interpret the decree, the underlying facts (e.g., whether there was truly an impediment like a prior undissolved marriage), and whether the person seeking immigration benefits acted in good faith.

5) Timing is everything: what happens depends on when annulment occurs

Scenario 1: Annulment before the green card is granted

If the marriage is annulled/nullified before approval or entry as an immigrant:

The spousal basis generally collapses.
The case is typically denied unless there is some other independent basis.

Scenario 2: You already have a 2-year conditional green card (CPR)

This is the most common high-stakes period.

A. If you can’t file I-751 jointly

You usually file I-751 with a waiver. A typical path is:

Good-faith marriage, but the marriage ended (divorce/annulment).

What you must prove:

The marriage was entered in good faith (shared life evidence),
The marriage legally ended (final decree),
You are otherwise admissible and not barred.

B. How a “void from the beginning” decree changes the vibe

If the decree indicates the marriage was void ab initio, USCIS may scrutinize:

Whether the marriage was ever legally valid for immigration,
Whether there was an undisclosed impediment (bigamy, lack of capacity, etc.),
Whether any misrepresentation occurred on immigration forms/interviews.

Practical takeaway: Conditional residents with a Philippine nullity decree should anticipate deeper questioning than someone with a standard divorce.

Scenario 3: You already have a 10-year green card (LPR)

If you have a 10-year card and later the marriage is annulled/nullified:

Your status is not automatically canceled.
But DHS could still attempt to challenge status if they believe:
- you were ineligible at the time of adjustment/entry, or
- the benefit was obtained through fraud or misrepresentation.

In practice, many people remain LPRs after marital termination, but nullity can be a “red flag” if it suggests the marriage was never valid.

6) The government tools that can threaten a green card (and when they show up)

A. Denial of I-751 (for conditional residents)

If I-751 is denied, USCIS commonly issues a decision that can place the person into removal proceedings, where an immigration judge can review the case.

B. Rescission (less common, but serious)

If DHS believes you were not eligible for permanent residence at the time it was granted, it may pursue rescission within certain time constraints (often discussed in the context of a multi-year window). Even outside rescission, DHS can pursue removal.

C. Removal proceedings based on deportability

DHS can initiate removal proceedings if it believes you are removable due to:

Fraud/misrepresentation,
Being inadmissible at time of adjustment/entry,
Other grounds unrelated to the marriage (crimes, etc.).

D. Naturalization (citizenship) can re-open scrutiny

Even if you keep your green card for years, the naturalization process can re-examine:

Whether you were lawfully admitted for permanent residence,
Whether there was fraud/misrepresentation,
Whether you meet good moral character and truthfulness requirements.

Common trigger: Applying for citizenship under the 3-year rule (based on marriage to a US citizen) after the marriage ends can create eligibility problems. Many people instead wait for the 5-year rule, but even under 5 years, USCIS can still review the original green card basis.

7) Philippine annulment/nullity specifics that intersect with US immigration

A. Philippine nullity often implies a legal defect existed from day one

A declaration of nullity usually points to a foundational defect (e.g., lack of essential requisites, psychological incapacity, prior existing marriage, etc.). From an immigration lens, some defects are far more dangerous than others:

Prior undissolved marriage / bigamy: extremely serious for immigration, because it directly means the “marriage” was not valid.
Defects like lack of authority of solemnizing officer or license issues: may still matter but depend on facts and legal effect.
Psychological incapacity: may not necessarily imply immigration fraud, but can create evidentiary complexity.

B. US agencies focus on validity under the place-of-celebration rule (with exceptions)

US immigration generally recognizes a marriage if it was valid where celebrated, unless it violates strong public policy or there was an undisclosed impediment. If a Philippine court later declares the marriage void from the beginning, USCIS may treat that as evidence the marriage was never valid.

C. Recognition and documentation matters

USCIS will generally want:

Certified copies of the decree,
Proof of finality,
If needed, official civil registry annotations,
Accurate translations if not in English.

8) What doesn’t automatically happen

Even with annulment/nullity:

Your green card does not instantly stop being valid on the date of decree.
You are not automatically “illegal” the next day.
You do not automatically lose the right to work or travel—though travel can be risky if you have pending proceedings or unresolved status issues.

But your next interaction with immigration (I-751, renewal, re-entry, N-400, petitioning someone else) may surface the issue.

9) Evidence: what wins or loses these cases

A. Bona fide marriage evidence (core for I-751 waivers and fraud defenses)

Common categories:

Joint residence: leases, deeds, letters, ID addresses
Financial commingling: joint bank accounts, insurance, taxes, loans
Children (if any), prenatal/birth records, school records
Photos over time, travel records, communications
Affidavits from friends/family (supporting, not primary)
Proof of shared life decisions: beneficiaries, emergency contacts, memberships

B. “Void from the beginning” risk evidence

If the decree suggests an impediment (like a prior marriage), USCIS will ask:

Did you know?
Did you disclose it?
Were immigration forms/interviews truthful?
Was there any willful concealment?

Good faith can help, but it cannot cure legal invalidity in the same way it can help cure a mere breakdown of a valid marriage.

10) Practical guidance by status

If you are a conditional resident (2-year card)

Do not miss the I-751 deadline.
If you can’t file jointly, file an I-751 waiver with:
- Final annulment/nullity decree (or evidence the case is pending, if finality is not yet obtained—strategy-sensitive),
- Strong bona fide evidence,
- A clear timeline narrative.

If you are a 10-year green card holder

You can generally renew the card as needed, but be prepared that:
- An annulment/nullity could prompt questions if DHS believes you were never eligible.
Before filing naturalization, consider a full legal risk review of:
- The language of the Philippine decree,
- Any facts suggesting marriage invalidity at inception,
- Your original immigration filings and interview statements.

If you plan to naturalize

If your marriage has ended, the 5-year route may be the applicable one (unless you still qualify under the 3-year rule).
Expect USCIS to revisit whether you were lawfully admitted for permanent residence.

11) Common Q&A (practical, high-yield)

Q: If my spouse annulled the marriage in the Philippines, do I automatically lose my green card? Not automatically. But it can create serious risk—especially if the decree says the marriage was void from the beginning—because DHS may argue you were never eligible for spousal residence.

Q: Is annulment treated the same as divorce for removing conditions? Often, an annulment that terminates a voidable marriage functions similarly to divorce for I-751 waiver purposes (good-faith marriage that ended). But a decree of nullity (void ab initio) can trigger a different level of scrutiny.

Q: What if the annulment says the marriage was void from the start, but we truly lived as husband and wife? Good-faith evidence remains important, but legal invalidity can still undermine eligibility. The outcome often turns on the underlying ground for nullity and whether there was any undisclosed impediment or misrepresentation.

Q: Can I still file I-751 if my annulment isn’t finished yet? This is situation-dependent. Many people must file to avoid losing status, but how to present a pending annulment—and what waiver category to use—requires careful strategy.

Q: Can USCIS “take back” my green card years later? It can happen in fraud/ineligibility cases, though it’s not routine. Naturalization can bring the original basis under renewed scrutiny.

12) Red-flag situations (higher risk)

These facts typically increase the chance of a serious challenge:

The decree suggests bigamy/prior undissolved marriage or similar incapacity/impediment.
Evidence indicates the US citizen spouse withdrew support early and alleged fraud.
Inconsistencies between:
- immigration filings/interview testimony, and
- the annulment petition/decree narrative.
Sparse bona fide evidence, separate residences early, or financial separation with no credible explanation.

13) Safer situations (lower risk, though never “zero”)

These fact patterns tend to be more defensible:

You already removed conditions (10-year card) and there is no indication of initial legal invalidity (only later breakdown).
The annulment is essentially functioning like a termination of a voidable marriage, not a finding that the marriage never existed.
There is abundant evidence of a shared married life and truthful disclosures throughout the immigration process.

14) Best practices if annulment/nullity is on the table

Preserve documents now: old leases, tax transcripts, bank statements, photos, messages—especially early marriage evidence.
Keep your immigration file consistent: what you submit in annulment proceedings can conflict with what you told immigration (and vice versa).
Avoid casual statements: allegations of “fake marriage” in family disputes can surface later.
Consider travel carefully if you have a pending I-751 denial risk or unresolved status issue.
Get individualized counsel if your decree involves void-from-the-start findings or any prior-marriage issue.

15) Bottom line

Annulment does not automatically terminate US permanent residency.
The real risk is whether the annulment/nullity indicates the marriage was never legally valid, which can undercut the original immigration eligibility.
For conditional residents, the key battleground is the I-751, usually through a waiver supported by strong bona fide evidence.
For 10-year residents, risks often surface during naturalization, re-entry scrutiny, or if DHS believes there was fraud or ineligibility at the time the green card was granted.

If you want, paste (1) whether you have a 2-year or 10-year green card and (2) whether the Philippine case is annulment (voidable) or declaration of nullity (void), and I can map the most likely immigration pressure points and the evidence checklist to your situation.