Question regarding abroad residency status and K-1 visa

[MagsBirdPie 0]

Hello all.

Let me just say I am thrilled to find this forum. It has a lot of useful info!

On that note, I will apologise in advance if this question has been asked before ( as I am sure it has).

If you could redirect me, it would be greatly appreciated!

I am in the process of filing an I-129F for my alien fiancé. I am a US citizen but I am currently a resident of Belgium. I have been living and working here for 3 years. My fiancé also has lived here for 3 years but does not have residency. Is he required to return to his country of citizenship in order to continue the K-1 visa process (interview, etc..). My assumption is if he doesn't have papers in Belgium, the US Consulate would not see him here.

Are there other complications to foresee in this case?

Thank you!!

[Penguin_ie 5,994]

He needs to be legally resident where he interviews. He doesn't have to be a citizen but if he is in Belgium illegally then yes, he will have to return to his home country for the medical and interview.

[MagsBirdPie 0]

Thank you Penguin_ie!

A related question then, if Belgium refuses him a casier di judiciare (police record), even though he has had no problem with the police (they require a current resident card), will this create a problem for him in the K-1 application process?

How can one explain that they have been refused a police record?

[Harpa Timsah 13,258]

Is he there illegally?

[MagsBirdPie 0]

It's complicated. He was here on the premise that he was to receive a work contract. The employer reneged after his carte sejour expired. He has been fighting the employer (as he has rights in this case) however, its too late to renew the carte. So, in fact yes, at this point.

[Harpa Timsah 13,258]

This seems to indicate that a police cert is available without a carte de sejour. http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/BE.html#docs

But, perhaps it has to be done from abroad, or something, to bypass that requirement.

He will need to interview in his home country, too, unless he gets it fixed.

[MagsBirdPie 0]

Thank you for the feedback Harpa! Much appreciated.

Unfortunately he was just at the Ministry of Justice and they turned him away. They will not issue a police record without a Belgian identity card.

Anyone have simialr experiences, inability to get police records? He has also lived in Italy (legally of course) and they will not issue him a police record unless he goes there, making it impossible to obtain the necessary paperwork for the K-1....

[Harpa Timsah 13,258]

This has instructions for obtaining Italian police certs from outside Italy: http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/IT.html#docs

They appear to be available.

The I-129F itself does not require police certs yet, so you can proceed with that, and while waiting, you can investigate the police certs more. If it is true that they cannot be obtained outside Italy, then the requirement will be waived, but I am not convinced personally, that there is not a solution.

For Belgium, I think a letter from abroad might be addressed differently than someone trying in person, because if the person is in Belgium illegally, the gov might withhold documents to get them to leave.

I am sure people with first-hand experience will offer their help too. Good luck.