Do NOT get the annulment in the Philippines what ever you do! Get a divorce in the US as it will be recognized in the Philippines plus it is cheaper & faster. The court will divide the property unless you come to an agreement.
She could be deported but not likely if she stays out of trouble. Did you register the child as an American? If so then he can stay in the US (and most likely her).
Both could get remarried in the Philippines with out many problems.
American marries Filipina in the Philippines and have a child. Child is Filipino AND American IF father registers birth at US Embassy in Manila. Wife is less than 2 years in the US, so she is a conditional resident as supposed to permanent.
If you live in the US why file for an annulment in the Philippines? The US recognizes divorce. So they can get a divorce in the state where they live.
It all depends on what they agree upon in divorce court (property and custody). Tricky part, the Filipina spouse who divorces her US citizen spouse BEFORE she can remove the conditionality on her residency MAY BE DEPORTED because of the loss of her status. Normally, I-751 is a form that has to be filed JOINTLY by both spouses to remove the conditions and adjust the status of the alien spouse to permanent.
If a non-citizen is unable to file jointly then he or she must request a waiver of the joint filing requirement. A waiver is a request for forgiveness from the normal joint filing requirement. The problem is this waiver has over the years become more confusing due to a series of Immigration Service memos.
This part, you need a lawyer or a good immigration consultant. Sorry it did not work out. Good luck.
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