HELP! Just turned down for co-habitation visa USA-Belgium

[peanutplans]

Hi:
I am a usa citizen and just got denied for a co-habitation visa to live with my boyfriend in Belgium. He is a Belgian citizen.
I have a feeling i was turned down because i applied from Belgium instead of USA. I initially followed the visa rules specified by belgian gov't (such as we must prove that we live together, so when the cop visits we should both be home in our house in belgium while he checks our bedroom and has us both sign a paper) only to figure out midway through the process that USA has their own rules - one of which is to apply for the visa while in USA.
Anyway, now i am in belgium without a visa and over my 3 month stay. I have nowhere to go back to in USA so this is my only home i know now.

We are now considering marriage as a way to stay in the country but i'm afraid that we may be allowed to get married but may still get turned down for the residency since it will now be obvious that we just got married to stay together.
Any advice would be soooo appreciated. I now spend every moment looking out the window expecting the cops to collect me and send me back to USA as if i were a hardened criminal. When in fact, I get paid by my employer back in USA AND spend all my dollars here in Belgium!
THANKS!

[sakura]

Well, you're an overstayer, so it doesn't matter how much money you spend in the country. I am not sure about Belgian law, so you should seek legal advice on reapplying (and not rush into getting married until you have been given advice).

When did you apply for the visa? Did you do it during your tourist stay? Might it be that you applied as a tourist, having not had any other long-term residency in the country?

[peanutplans]

hi sakura:
Yes, i applied as a tourist within the 3 month period my passport allows. I"m not big on marriage but i'm certain we will be together forever so i'm looking into marriage if it provides an easy way to stay.
My passport stamps show that i have been back and forth between usa and belgium many times (up to 3 months at a time) but i have never applied for a long term visa until now.

I am nervous about getting a lawyer involved because then they may think of me as a "troublemaker" and make it difficult for me to be accepted into the country.
Do you have any info on the possibility of our getting married in USA then coming back to Belgium? My job is flexible but he needs to be in belgium right now for his.
THANKS ever so much!!!

[sakura]

A legal advisor can tell you more about the laws/regulations. It would be best to deal with those who have extensive experience of the co-habitation rules and who have had successful applications to prove it.

I think it would be easier if you married, but, in the UK (for e.g.) the immigration officers would just get suspicious if you married immediately after being refused a settlement visa. So it would be best to seek immediate legal advice.

Also, do NOT overstay any longer in Belgium (or the Schengen space). It is imperative that you sort out your current status before making any possible future applications. I am sure that (as in the UK) they can refuse your application/s if you are an overstayer.

[peanutplans]

Thanks for your help Sakura! I will next seek legal advice.
:peanut