immigration status

[userid88]

I am in F-1 OPT, I will get married on December 2002, my fiance is a US citizen. He will sponsor me and fill I-485 package. But my OPT will expire on Jan 10, 2003.
What is my immigration status while the application of status is pending? Am I legally in the U.S after Jan. 10, 2003?

[Lairdside]

Status following filing of I-130/I-485

You are in status as a petitioning resident from the day that you file an I-130/I-485 and it is accepted for processing by the BCIS. You can also apply for an EAD ( Employment Authorization Document) so that you may work whilst your case is pending and if you are not subject to the 3/10 yr bars an Advance Parole document to allow you to travel outside of the US during this time without abandoning your petition.