Wife is on OPT and expiring in May '08. Can she remain in the US once I130 and I485 forms are submitted?

[yaoyu 0]

Hey everyone...

I'm a US citizen and my fiance is here in the US using her OPT status that expires in May 2008. We plan to marry in January '08. reading through the forums i've seen it take up to 6 months to receive the green card if the person is a direct relative and the spouse files submits the I130 with the I485. We have a few more things to get completed like her medical examination by the Civil Surgeon. I'm wondering if she will have no problem staying here in the US once the I130 and I485 are received and approved? Since she is a direct relative and will be eligible to get an immigrant visa immediately is that what will authorize her to stay in the US while she waits for the PR status to complete? We're not sure if we should be concerned because her OPT status expires in May '08 and I think she gets a 60 day grace period to stay in the country. We're also submitting form i765 to get her the EAD. Will that basically mean she can stay in the country and work and say if the EAD comes before the AOS approval it means she can remain in the US regardless. Is that the right assumption?

[ELW 5]

After you two get married and file for Adjustment of Status (including for EAD), her status will be "AOS pending" and she can legally stay in USA until the case is approved, no problem. EAD is usually granted within 90 days and she can work with it, even if the AOS is still pending.

I think her OPT status will be terminated as soon as she files for AOS, but I am not certain. I hope someone else with experience can comment on this.