The phone rang this morning. For a few minutes, my actual phone number was on the blog, by mistake, and one very quick reader, Dianne, phone me from Winterpeg. Not long ago, she learned that the United States still considers her to be an American, even though she hasn’t believed herself to be American since the age of 18. So I asked her to write up her story so that the Isaac Brock Society could help her sort out this issue. Here it is:
I was born in the USA in 1957 to two Canadian parents. My father was working on his Phd there and they returned to Canada when I was weeks old. Since then I have never lived in the US. I do not have a US passport or social security number. I have never voted in the US and do not own property there. I have lived and worked my entire life in Canada. It was my understanding when I turned 18 (in 1975) that if I did not actively seek American citizenship I would be considered only Canadian. I was shocked to hear that the IRS may consider me American. I am interested in finding our how to clarify that I am not an American citizen.
@Renounce, thank you. I agree with you wholeheartedly and am in no way rushing into anything. I think the need for a CLN is fairly far into the future, for me, so I’m hopeful that something will happen to positively settle this. Like a simple statement from the US govt that those living in another country for more than 10 years (or whatever period) who have not utilized US citizenship are not considered US persons. Probably too simple, though.
As for dyspeptic, tyrannical border guards, I have stated far and wide, when given the opportunity, that I will never visit the US again. And I mean that sincerely. Who knows what might happen in 30 years time, but at this point I have zero need and zero desire to ever set foot on US soil. Many years ago I had my Canadian passport thrown at me by one who saw my US birthplace and since then the fond feelings have been fading. To the point that now, after all, this there is nothing but ill feelings. Mexico will be getting my vacation money, not Las Vegas. (Sorry, went into my rant, again…)
If one chooses to fly under the radar should they put their house and bank accounts in the name of their Canadian spouse?
@Dianne, not only does that seem like a good idea but a highly-recomended course of action. US citizens living abroad and married to foreign spouses have been taking this precaution for many years to avoid their assets being confiscated by the IRS.
The US citizens married to American spouses and living abroad don’t have this escape route open to them.
@ Dianne: I wouldn’t. You are now touching the delicate grounds of women’s issues. A woman should have control over her own assets, otherwise she is not liberated. Do you want to get the women’s groups mad at Isaac Brock?
Since you are not an American, I would suggest the first course of action is to simply write a statement, prepare forms and go to the Consulate and see whether they will acknowledge your relinquishment. If they do, you’re off the hook. If they don’t, then I would get an immigration lawyer and perhaps also get Revenue Canada involved, in order to make a more strenuous and powerful case against your US citizenship. That is, State Department is supposed only to make judgment, but it is far from that last court on whether you are a Canadian citizen only.
@Dianne, I’ve thought of that, as well, but it’s just too extreme for me right now. I also wonder if it’s any kind of protection? Whether the house is in my name or my husbands, according to Alberta law, we own it 50/50. If things get that bad, is not having my name on the house any protection? I also cannot bear the thought, as Petros talks about, of giving up my right to have my name on my house, have my own bank accounts, etc. Having everything in my husband’s name just goes against the grain. But then, again,I am counting on the fact that the CRA won’t try to collect from me (IF the IRS even ever finds out about me), and maybe it’s easier for me since I won’t be crossing the border into the US ever again.
I guess it comes down to what makes you the most comfortable and gets you through this mess!
Dianne not as simple as that but doable. If you have a rrsp you can’t do it without deregistering. Investment accounts continue (for Canadian purposes) to be taxed in your name under the attribution rules. Putting your house in his name can be problematic.
I firmly believe it to be unnecessary. I firmly believe you can put it all on the back of the back burner. You are Canadian. Read Renounce May at 9:51 again
‘The law gives U.S. citizens who had their citizenship taken from them by the U.S., the option, but not the obligation to get/take it back.’
I don’t agree with Petros that you should march into a consulate. He chose to wave a flag but you have no need to. You are a tiny minnow in a large ocean. You are safe.
@ Chester Yes, that is an option, until the United States insists that Dianne travel on a US passport and refuses her entry into the United States. Dianne wants access to her family down there.
Also, I hardly waived a flag (at least not a white one, if that’s what you mean). Remember, I was in compliance and the IRS knew about me. Also I was very clearly a United States citizen until 28 February 2011 when I became a Canadian. The best course of action for me was to finish the course and check out–whether they finally let me leave the Hotel California, that’s another question. Cheers.
Careful where you tread here. Hard to cite reasonable cause, when evasive action has clearly been taken.
@dianne, I would not transfer your property to your Canadian spouse either. If you had started out that way with your income being dedicated to everyday living expenses and your spouses income going to purchase you house and for other investments and savings, so that assets would be in your spouses name, then it would be different. And that is what many overseas Americans did to minimize their tax obligations.
But doing it retroactively would likely attract attention as tax evasion.
red flag at a bull.
@Chester, ah, that flag. Can’t argue that I haven’t done that. 🙂
“It was my understanding when I turned 18 (in 1975) that if I did not actively seek American citizenship I would be considered only Canadian.”
Get three friends or family members who knew you back in 1975 to swear out affadavits that this was your understanding; and that you deliberately renounced all claim to American citizenship in 1975, while swearing loyalty to the Queen of Canada, because it was your sincere belier that you were renouncing American citizenship when you claimed your Canadian citizenship at age 18. Then hang on to the affadavits. If you have any trouble with the US government, pull ’em out. Otherwise, keep ’em in a drawer.