Is Marriage certificate required to apply for SSN for my Wife who came to US on L2 Visa?
Please advise If I can apply for Marriage certificate without Marriage certificate
1 attorney answer
To apply for a Social Security Number (or SSN), a foreign-born person should not need to produce her marriage certificate UNLESS that person is applying for an SSN under her married name and all of her L2 Visa documents list her under her maiden name. If that is the case, you and she should be able to have your foreign marriage registered in the State of North Carolina. You will need to privide the original (or an Apostille-stamped or certified copy) of your (Indian?) marriage certificate when filing to have your marriage registered in North Carolina. So long as your marriage does not violate North Carolina law (for example, a lawful same-sex marriage in Sweden would not be lawful in North Carolina), it should be recognized in this State.
However, if your wife is applying for an SSN in her same name as it appears exactly on her L2 Visa, then I believe that she should only need to provide the Social Security Administration with proof of her identity, authorization to work in the United States, and proof of her age. Even though one document can be used to prove two of the three required elements, she will need to provide at least two separate documents that are either originals or certified copies. To prove her identity, she can use her immigration documents and current, unexpired passport. To prove her age, she can provide her birth certificate from her home country; provided that, it is dated within ten days of her SSN application. Otherwise, her current, unexpired passport may be able to establish her age, too. Failing that, she may be able to prove her age with another original of a document issued by the U.S. Department of Homeland Security.
For further information, here is a link to the Social Security Administration's PDF that details what foreign persons need when applying for SSNs: https://www.ssa.gov/pubs/EN-05-10096.pdf.
Best of luck to you and your wife!