N 400 pending

[US77 0]

what should i do? i filed my N400 in Feb, 2015. My interview was in Nov. 2015 and from that day my N 400 is pending officer review for more than seven months after my naturalization interview. The officer ask me for tax return for 2008-09 while i was out of status mean no legal status, which i told the officer but IO ask me either to get the tax transcript or get an affidavit, that why i did not done my taxes during that time. i submitted affidavit that my income was below taxable level signed by attorney the same day, and also send a copy by usps to make sure IO get my response to the Ref. i called 1800. No. did the info pass ask the senator help, but their response is same that the case is under pending review and can not provide me with the time fram.

Edited June 9, 2016 by US77

[EM_Vandaveer 2,364]

As it have been over 120 days after your interview you may hire an immigration lawyer to file a writ of mandamus on your behalf. That would force USCIS to adjudicate your N-400. Sometimes a letter from a lawyer "threatening" to file is enough.

However it would only force USCIS to make a decision, either approval or denial.

Edited June 9, 2016 by EM_Vandaveer

[US77 0]

ya i know that but during interview the IO was very rude asking me why i did go back to my country when i got out of status. and asked me how i was living here with out work. so i told him i did odd jobs. but he keep insisting that i had a real job which i dont at that time. and thats why he asked me for tax transcript i filled under 3 years rule (because of marriage and married to her for almost six years) its also not going good now a month ago we started living apart. and my case is still pending what should i do about that.

[TBoneTX 42,990]

*** Thread is moved from the US Citizenship main forum to the Case Progress subforum. ***

[EM_Vandaveer 2,364]

If your marriage is ending, you'll have to wait until you have been an LPR for 5 years and re-file then.

As for the taxes, you could simply file taxes for the year(s) the IO was asking for. You can file your taxes even if your income was under the filing threshold. You simply won't owe any taxes.