ESTA help needed, country of residence?
 

Hello all,
I need a bit of help with my ESTA application. I am a British citizen with a British passport, but have been living (on and off) in Guatemala on a tourist visa, that I renew legally every few months (I am getting married and getting temporary/permanent residence later in the year). I am going on a 5 day trip to a wedding in the US and need to apply for the ESTA, but do I put Guatemala or UK as 'country of residence'? They actually phrase it as 'where do you live?' and not 'where do you have permanent residence'
How important is 'country of residence'? I know that the US are super restrictive about letting Guatemalans in, but should that make a difference to me as I have a British passport?
Any advice would be most appreciated! :fingerscrossed:
JB

Re: ESTA help needed, country of residence?
 

You're living in Guatemala and have openly admitted doing so. So that's the answer to the question "Where do you live?"

Re: ESTA help needed, country of residence?
 

Ian's 3 rules for form filling:

1) take each question at face value;
2) do not ascribe meaning to the question beyond what is plainly written; and
3) do not try to alter the question to fit your situation.


Okay... so where do you actually live?


All else being equal, no.

Ian

Re: ESTA help needed, country of residence?
 

From what you have written I would say you are not residing in Guatemala, merely on a series of extended visits. I would put 'UK' as your country of residence until you have actually have legal status as a resident of Guatemala and are living there on a continuous basis rather than visiting 'on and off'.

Re: ESTA help needed, country of residence?
 

ok, well 2 out of 3 for Guatemala, and that is what I feel is the more honest answer. You just never know with US Immigration.
Thanks!

Re: ESTA help needed, country of residence?
 

I'll add one to the majority. From what you've said, in keeping with Ian's plain language interpretation of the question (with which I agree), you are "living in Guatemala".

Re: ESTA help needed, country of residence?
 

I'll dissent then. I was on a B-2 visa in the US for more than 2 years. It is a tourist visa. There was NO way I was classified as 'living' in the USA even though I was with my same sex partner who had an L-1B. And some POE officials reminded me of that fact....I was classed as a tourist and my residence HAD to be the UK on any official US immigration paperwork.

Re: ESTA help needed, country of residence?
 

Ask the Guatamalan authorities if you live there?

Re: ESTA help needed, country of residence?
 

That might be wise. All I know is that even though they knew that I had accompanied my same-sex partner to NYC I had a B-2 tourist visa. To all intents and purposes I was living in NYC: and I was. I had to leave every 6 months but I had a 10 year multi-entry visa. I was always classified as a tourist. I was not 'living' in the US. I had no rights to live there, not able to get a driver's license etc. So even though I was there almost 100% of the time, I was not deemed to be living there. That's the US immigration distinction, not mine. As per the rules of the B-2 we did maintain our flat in London and I was asked this a few times by the POE officers. I had to maintain a residence in London otherwise my B-2 would be invalid.

The issue for you is that you are not resident in Guatemala. You're on a renewable tourist visa. That usually means that you need to maintain a residence in the UK to be classified as a tourist. It's tricky. I understand the complication but I would say that you are living in the UK. You are in Guatemala as a tourist only, even though that might be a long term tourist! But what do I know? Do you think it will be difficult to enter the US on the VWP if you indicate that you are a Guatamala resident?

Re: ESTA help needed, country of residence?
 

Have to disagree with that as per my example above.

Re: ESTA help needed, country of residence?
 

There may be an issue if US immigration ask for evidence of your legal status as a resident in Guatemala (residence permit, visa) which can't be provided as you don't have it. You're British, travelling on a British passport, they are going to expect to see the UK as your place of residence. Guatemala is likely to raise eyebrows and further questions which you won't be able to answer successfully until you become a legal resident of Guatemala. Why make it difficult for yourself?

Re: ESTA help needed, country of residence?
 

If the question was "Where is your residence?" you'd be correct, but it isn't. The question is "Where do you live?" and the OP has recurring visa stamps to prove it.

Re: ESTA help needed, country of residence?
 

The full question is:

I can imagine the conversation with the immigration officer not going so well if you admit to having been living in Guatemala on consecutive tourist visas for the last x months. On the other hand if asked what have you been doing in Guatemala before coming to the US and the OP answers "visiting my girlfriend" then he is both being honest and not opening a can of unnecessary worms.

Re: ESTA help needed, country of residence?
 

And if he examines the passport and sees multiple visas and entry stamps that show the OP has been there for, say 20 of the last 24 months? :confused: I suggest that would also open a can of worms.

Re: ESTA help needed, country of residence?
 

British citizens get 90 days on arrival as a visitor and this can be extended on application. I suspect all the OP has in his passports is several visitor stamps. Since he'll been stamped out as a visitor when he goes to the US he'll have no immigration status in Guatemala at all much less be a resident.

If asked I would phrase it, "I've been visiting my girlfriend in Guatemala for the last x months and we've decided to get married. I'll be going back to Guatemala after this trip and applying to stay there permanently."

It'll be up to the OP what to do but I know I'll be keeping it simple. Things like ESTA work on risk profiling and a non-Guatemalan citizen who claims to be residing in Guatemala will be flagged up and with no evidence of his legal immigration or employment status there is going to have a hard time explaining this.