Canadian now married to a US citizen, what next?

My husband and I have been dating for about 6 years now. We have done many back and forth trips to visit each other and some extended 6 month stays. My husband being the Canadian has now been here in the US since the beginning of this year and is now over his stay. In July of this year we got married.
Now we are working on the getting the paper work done for permanent residency and my sponsorship of him. My concern is that he is over his 6 month stay now by almost 4 months. Well we have a problem getting the approvals from the USCIS since he is over his stay? Since we are in the process of filing the paper work I'm not sure that you are suppose to cross the border again.
Also he came here as a visitor he never needed a I-94 or never had his passport stamped, so we really don't have any proof of when he entered the US.
Please help with some advise!!

Just ensure he does NOT leave the USA now!!!

One can coem to the USA and do what they call AOS (Adjust of status) if they ahd NO intent of staying, thats fine! BUT if one has the intentions all along to come to the USA and stay thats illegal! Only an idiot would tel officials, what their true intentions are,lol Saying that, I truly believe in people doing it the correct/legal way--I came to the USA on a CR-1 (marriage based) visa

saying that--visit visajourney.com and visit the AOS forum, all laid out there with step by step directions!! At the top, is the guide,read it!! Even examples of filled out paperwork at the top under example forms!!

At this time he can't legally be working, nor can he leave the USA--wel he can leave the USA, leaving isn't the problem, getting back into the USA is, until he gets his greencard, or one can apply for Advance parole (AP)

Been a fair # of Cdns of VJ that came into the USA with NO intention of staying, then they did and AOS and was NOT a problem! Actually on a visit to the USA, my wife (then GF) and I met an immigration lawyer, and she said to do exactly that--get married and me stay and AOS, but wasn't an option for us.

SOOOO take some time and read the guides on VJ. No one and I mean no one, cares more about ur situation then YOU!!! paperwork is fairly easy, its the waiting that can be a pain in the butt!

"Intent" is hard to prove, so the standard -- for employemnt based immigration -- is presence in US for 3 months before file AOS.

For marriage-based immigration, CIS doesn't bother applying any standard for "intent", since marriage to US citizen basically grants absolution to past immigration faux pas.

As the lawyer told flames, you can enter US friday, marry saturday and file AOS on monday, and there will be no question. CIS takes the position that if CBP (border agent) didn't stop the person, there is little than can be done now. The fact that your husband has been here now for so long makes AOS even more necessary -- and more legitimate.

As flames said, he MUST NOT leave US until he gets AOS filed AND receives his approved I-131.

And jus to put your mind at ease, while he has overstayed, he is not accumulating illegal presence, sicne he was never issued an I-94 with a specific departure date. Even if he had, all that would happen would be a small administrative fine tacked on to his AOS fee. But he does not even have to worry about this.

Thank you flames9 and agnelson for your reply. At one point we were going to hire a immigration lawyer but from what we have heard it sounds like we have a simple case and it's all about the waiting game if anything. So I guess now when I fill out the entry dates on the I-485 and I-765 I will just put the date in January when he last crossed.
Our only other concern and this I guess will be more with the interview, would be the fact that he has not been working for about 5 years so it will look like he has either been a big couch potato or someone that had a good savings under his pillow to allow this much time without work.
With the amount of people these days with out jobs I hope its not a problem. Plus we would like to get this process over with so he can get a job at this point.

in a straight forward case, lawyers do very little!! Just $$$$ proof readers. One can ask all the FREE questions you want on VJ!! believe me , we hired a lawyer---had not found VJ---- what a big waste of $$$$,lol We still had to obtain al the info, records that were required. Then instead of mailing them in--we mailed them to her, so it aftually took longer! oh well! VJ is an excellent resource. Some idiots on it, especially in the off-topic forum!

Thanks flames9. I was just checking out that website and your right there is alot of information on that website to help out. I swear after all this I feel like anyone that hires a laywer is wasting money. When we went to see the laywer he tried to scare us and make it sound like his help would be with the interview because he knows all the people down there and they know he would not represent someone not qualifying. I think thats a great sales pitch but not for someone that is not scared of the law as well as does not have a complicated case.

My next step is to get this paper work in. Does anyone know at what point my husband would get his S.S. # so he can get a California Drivers license and such?

He will only get SSN when he is able to show them his EAD (I-765), then he can get his DL.

Remember to also file I-131. Without advanced parole, if he leave US -- even in an emergenxcy -- his I-485 is dead and then he is stuck outside until he does CR-1.

We re filing the I-765 and I-485 together. So hoppefully things happen sooner then later.
Also with the I-131 we thought about that but I'm alittle lost on how to fill it out if we dont have any plans to travel unless there is an emergency. If we do an I-131 it seems to ask about specific dates of travel. So how would I complete the form if it is just for an emergency bases. Should I wait and if a emergency comes up then request it or do you do it now so its already done.
So confused on the I-131.

you wil get many more replies on VJ from people that have done exactly that!! or do a search on VJ.

Seriously, file the I-131 or your whole process could go up in smoke.
That is what it is for.