SSN after marriage for K-1 visa

[JC627 0]

Hi everyone, I just called the Social Security Office today and tried to set up an appointment for my wife to get her ssn with her k-1 visa. And they told me since she is married, she will need a EAD before she can apply for ssn, Is that true? Since I read a lot if people in the forum that they were able to get ssn before and after marriage without EAD. Should I just call again and tell them that she is not married yet so she can get her ssn because i dont think they are able to verify if she is married yet or not. Please let me know if I am wrong, thank you! 

[Chancy 6,241]

39 minutes ago, JC627 said:

they told me since she is married, she will need a EAD before she can apply for ssn, Is that true?

 

NOT true.  The SSA agent you talked to was misinformed.  Call again and ask for a supervisor if you get another misinformed employee.  A K1 visa holder, married or not, is eligible to apply for SSN until day 76 from their US entry date.  Is your wife past the 76-day window?  Do NOT lie about your wife's marital status.

 

[JC627 0]

3 minutes ago, Chancy said:

 

NOT true.  The SSA agent you talked to was misinformed.  Call again and ask for a supervisor if you get another misinformed employee.  A K1 visa holder, married or not, is eligible to apply for SSN until day 76 from their US entry date.  Is your wife past the 76-day window?  Do NOT lie about your wife's marital status.

 

Hi Chancy, thanks for getting back to me. No, she still has about 3 weeks before she past her 76 days window. So if thats the case, is there anything that I can show or proof to the agent/ supervisor that my wife is eligible even she is married? Because right after we answer the agent that she is married, he had us wait for a minute, I was assuming he was asking for some help from either his coworkers or maybe even supervisor. I want to be ready to proof everything that I have since it was very difficult to get someone to answer our call during Covid time. 

[Chancy 6,241]

8 minutes ago, JC627 said:

is there anything that I can show or proof to the agent/ supervisor that my wife is eligible even she is married?

 

There is no requirement in the SSA operations manual that says a K1 visa holder must not be married to be eligible to apply.  All that's required is that they were admitted as "K1" and that their I-94 is still valid.  If necessary, cite this page from the SSA manual (scroll down to the part that says K1 is a "legal alien allowed to work") --

 

RM 10211.530: List of Documents Establishing Lawful Alien Status for an SSN Card -- https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530