We represented a United States petitioner and his spouse on a denial of an I-130 petition. The petition was denied because USCIS in Miami found that the beneficiary had entered into a previous marriage and they determined that the previous marriage was entered into solely for immigration benefits. The petition was denied under INA law 204(c). We appealed to the Board of Immigraton Appeals arguing that the District Director did not show that the evidence in the case supported this 204(c) finding. The Board of Immigration Appeals agreed with our argument and remanded the case back to USCIS for further processing and a new decision.

Appeal sustained.