Background check for Belgium without being registered.

[t-rae 1]

My Irish fiancé needs a background check for the time he was living in Belgium. Thing is, he was not registered with the town hall, and both the Belgian embassy in New York, and the Federal Public Service Justice office in Belgium have told us it's impossible to get it without that registration.

We were preliminarily approved for the visa, we just need this one document. Does anyone know if:

1. It's possible to get a background check without the registration, or, if not

2. They can issue some sort of official notice that he wasn't registered so he can't get the check, and if so,

3. Will the U.S. Accept it in place of a background check?

Any help is great! He had his interview on Monday Nov. 16 and was preliminarily approved. We just need this one doc. Help!

[Darnell 8,478]

On what basis was he in belgium? Work? Student? Something else?

[Elf 146]

I think the root of your problem is that he was required to register with the town hall, and didn't. From the official Belgian government information site:

Registering with the municipal authorities

If as a foreign national you wish to stay in Belgium for longer than three months, you must report to the municipality in which you are staying within eight days of your arrival. You must be registered on the National Register; and for that you must have an actual place of residence in this municipality.

That requirement applies to anyone who isn't a Belgian national, including EU citizens, and if caught he would have been fined 200 euros. There are similar requirements in most EU countries; if you're going to live there as a foreign national for more than 3 months, you need a registration card. Here's the information given on the UK government site as advice for British nationals moving to Belgium:

For residency it is mandatory to register at your local commune (town hall) within 8 days of your arrival. The registration procedure is the same throughout Belgium, however each individual commune has their own way of implementing it. While the process is straightforward, it can take some time and you might need certain certificates from the consulate.

Given that the official agency from which police certificates are requested has told you that it's impossible to get one, I think your only option is to provide USCIS with a written explanation of why a police certificate is not available, together with an original letter from the relevant Belgian authority informing you that they are unable to issue one. (Yes, I do think it needs to be an original, hard-copy document). I have no idea whether it will be accepted, but I think it's the only option you have.

This 2009 thread, ancient though it is, may give you some hope - especially if you read the OP's timeline first. Her situation was worse than your fiance's and now she's a naturalized US citizen.

[t-rae 1]

On what basis was he in belgium? Work? Student? Something else?

He was working at a hotel there.