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I came to US on K1 Visa and have got married within 90 days…

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I came to US on...
I came to US on K1 Visa and have got married within 90 days of my arrival. I have got the conditional green card and have filled for I 751 to remove the condition on my green card. We have not received any interview notice until one year after filing for the removal. I am in this marriage more than 3 years now. My conditional green card has expired and I have got appointment thru InfoPass to have my passport stamped about one month ago.
Without getting my permanent green card, can I just go ahead and file for N-400 to apply for the citizenship status based on my marriage to a USC for more than 3 years ?
I after I have got my citizenship, I want to apply for my brother of same father but different mother. Please note that my father was traditionally married to his mother and we have no paper to document their union beside the fact that we have the father's name on our birth certificates. If yes, how can I prove that my father was married to his mother?
Submitted: 8 months ago.Category: Immigration Law
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9/26/2017
Immigration Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Immigration Law
Satisfied Customers: 13,017
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Immigration Lawyer: legalgems, Lawyer replied 8 months ago

In order to file for N-400 one needs to be a permanent resident - please see #2 on the application form.

Filing form I-751 extends a condtiional green card until a decision has been made on the application:

https://my.uscis.gov/helpcenter/search?q=conditional+status&tag=tag_search - specifically:

What happens if my conditional green card expires and I don't have a new one yet?

As a permanent resident, you should have received a green card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file Form I-751 on time, we will extend your conditional resident status until a decision has been made on your application. You will be sent a notice stating this.

Per USCIS policy memo: (to summarize, they generally require the i751 to be approved before the N-400 can be approved.

(A) Concurrent Adjudication of Pending Form I-751 and Form N-400 .

Because of differences in the adjudication processing times for Form I-751 and Form N-400 and because conditional permanent residents are eligible to apply for naturalization (if otherwise eligible) pursuant to 8 CFR 216.1 , there may be instances when a conditional permanent resident admitted pursuant to section 216 of the Act will apply for naturalization while their Form I-751 is pending.

Unless otherwise provided by the Act, the adjudicator should ensure that the Form I-751 filed by the conditional permanent resident applying for naturalization is adjudicated in accordance with section 216 prior to, or concurrently with, the adjudication of Form N-400 . In all cases where a final decision on Form I-751 has been reached, the adjudicator should update MFAS accordingly.

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-11685/0-0-0-11691.html

Generally, a Form N-400 should not be continued to await the final adjudication of a Form I-751 that is pending at a different USCIS office. The adjudicator should conduct the Form N-400 examination as scheduled and should request the pending Form I-751 from the other USCIS office. Once the adjudicator receives the Form I-751, the adjudicator may adjudicate to completion both the Form N-400 and Form I-751 in accordance with all applicable provisions.

However, while the adjudication of a conditional permanent resident’s naturalization application should not be delayed solely because of USCIS processing delays of Form I-751 , a pending Form N-400 should not be approved under any circumstances prior to the adjudication of a pending Form I-751, unless otherwise provided by the Act. In all cases where a final decision on Form I-751 has been reached, the adjudicator should update MFAS accordingly.

----

It is permissible to petition for a half brother - that can be proven by birth certificate. That information is here:

https://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents

In order for a marriage to be recognized by USCIS it must be a legal marriage in the country where it occurred, and not violate public policy of the US (ie bigamy) -please see:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

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Immigration Lawyer: legalgems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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