Even though your brother got married in the Philippines he can file for divorce in NY if he
is a resident of NY for 2 years or if both parties are living in NY for a minimum of 1 year.
I do not see how his commencing divorce proceedings
against his wife will impact his visa application, but he should consult
his immigration attorney to be sure.
If he is living in the NYC metro area, please have him call me at 212-370-1660
to discuss mediating his divorce.
It is essential that the divorce be prepared by an experienced
matrimonial attorney and not left to self help.
Leonard M. Weiner, Esq/Divorce Solutions