The Board of Immigration Appeals has determined that an Immigration Judge may consider whether a respondent misrepresented the bona fides of her prior marriage at an I-751 interview, even if USCIS has approved an I-130 filed by a subsequent spouse.
It is strange that this respondent did not seek a 212(i) waiver before the Immigration Judge, since she was married to a U.S.-citizen spouse, and had a qualifying relative for the waiver.
The full text of Matter of Mensah can be found here: