N-336 filing question

[icee 0]

Hi community,

 

a friend of mine got a denial of N-400, due to the absence of tax account & transcript for one of the 5 years of filed taxes, which was filed in November 2021 but IRS is taking longer time to process her taxes, which is why she couldn’t submit them by the deadline. so she will be filing N-336. Her taxes for that specific year are still not processed by irs. Would you suggest to wait till irs processes her taxes and submit her N-336 along with the tax account & transcript for that year? 

[Allaboutwaiting 2,503]

5 minutes ago, icee said:

Hi community,

 

a friend of mine got a denial of N-400, due to the absence of tax account & transcript for one of the 5 years of filed taxes, which was filed in November 2021 but IRS is taking longer time to process her taxes, which is why she couldn’t submit them by the deadline. so she will be filing N-336. Her taxes for that specific year are still not processed by irs. Would you suggest to wait till irs processes her taxes and submit her N-336 along with the tax account & transcript for that year? 

When did she file for N-400?

[JeanneAdil 6,561]

what year for the taxes?

did she work that year?

if she did ,  she should have copy of 1040 (or 1040ES and the w2's that she received

Waiting for IRS this year is almost a waste of time / they already said "still working on 2020 returns and 2021 will take forever"

[Mike E 11,741]

I suggest hiring a lawyer and taking it to federal district court.  The judge will make a decision based on the tax returns. 

[icee 0]

51 minutes ago, Allaboutwaiting said:

When did she file for N-400?

She filed N-400 in October 2020, had interview in October 2021, they gave her time to submit taxes for the last 5 years. She’s not able to get tax account and transcripts for 2018.

[icee 0]

47 minutes ago, JeanneAdil said:

what year for the taxes?

did she work that year?

if she did ,  she should have copy of 1040 (or 1040ES and the w2's that she received

Waiting for IRS this year is almost a waste of time / they already said "still working on 2020 returns and 2021 will take forever"

Taxes for 2018 year.

yes she worked most of the 2018. She submitted 1040 for the 2018 in place of the requested account & transcript for that tax year and USCIS says it is insufficient to prove that she has filed her taxes. What papers would you suggest her to submit along with her N-336?

[icee 0]

29 minutes ago, Mike E said:

I suggest hiring a lawyer and taking it to federal district court.  The judge will make a decision based on the tax returns. 

I thought N-336 has to be filed and only if N-336 has been denied, then one can send her/his case to federal district court. Are you saying she doesn’t need to submit N-336 and go straight to district court?

[Mike E 11,741]

Just now, icee said:

I thought N-336 has to be filed and only if N-336 has been denied, then one can send her/his case to federal district court. Are you saying she doesn’t need to submit N-336 and go straight to district court?

I’m saying hire a lawyer to whatever is necessary to move jurisdiction from USCIS to the judiciary. 

[JeanneAdil 6,561]

2 hours ago, icee said:

Taxes for 2018 year.

yes she worked most of the 2018. She submitted 1040 for the 2018 in place of the requested account & transcript for that tax year and USCIS says it is insufficient to prove that she has filed her taxes. What papers would you suggest her to submit along with her N-336?

no idea 

didn't go thru this 

just the IRS tax transcrpts or 1040 with W 2's can be accepted

 

consult a lawyer is best