Fiance laid off, self on H1b!!

[kln]

Hi,

My fiance and I are both in Florida and were on H1B. Our marriage is to formally take place in India in December 2010. But my fiance is being laid off and will lose his H1b status this month. If he doesnt make it into another job by then, we were considering the possibility of getting married in the USA (in a county clerk's office) and applying for his H4.

But since we do not have family present here, we would not be able to provide a wedding photo album/invitation - both of which are necessary documents for applying for H4 from india.

1. Does that mean we cannot apply for his H4 at all? Or are there chances of it getting approved with just the marriage certificate and other documents?

2. Can his visa be converted to a visitor visa to give him some time to look for another job?

Any advice greatly appreciated.

Thanks,
-KLN

[shervin143]

1. Does that mean we cannot apply for his H4 at all? Or are there chances of it getting approved with just the marriage certificate and other documents?
>>> Very much possible. Consult an attorney who should be able to guide you properly.

2. Can his visa be converted to a visitor visa to give him some time to look for another job?
>>> Not advisable to convert to a B visa.