can i stay in the us?

[luismiguel31]

I entered the United States with an F1 visa in August to take my last semester of classes and finished it in December. I married my 3-year-old girlfriend in September who is a green card holder and now I am living with her. We have already filled out and sent the form I-130 in September and it is still pending.
My question is: can I stay in the United States without problems waiting for me to accept the whole process?
How can I do to work since I just graduated but I am not sure if I can apply for the OPT work permit if I already fill out the form i130 ..

notes: My wife could become a citizen in February 2021.
My student visa expires in 2023 but I no longer study because I finished my degree and my graduation is in may 2nd.
Also, I have a b1 visa

[newacct]

You can stay in the US if you have filed I-485 for Adjustment of Status. Having a pending or approved I-130 does not allow you to stay in the US. In your category (F2A) you need to be in status when you file I-485.

The F2A category has been current since July 2019 continuously until now, so you could have concurrently filed I-130 and I-485, or have filed I-485 at any time after you've filed I-130, while you are still in status. Did you file I-485? It sounds like you haven't.

You remain in F1 status for 60 days after you successfully complete your program. Since you completed your program in December, we do not have enough information to tell whether you are still in status now or not. If you are out of status now, you would no longer be able to file I-485. In that case, you would have two options: 1) Leave the US and do Consular Processing. You would not trigger a ban upon leaving the US because you have not accrued unlawful presence as an F1 student with D/S on your I-94, or 2) Wait until your wife becomes a US citizen and then do Adjustment of Status (file I-485).