Clear facts about overstay

DHS has information on all passengers entering leaving US. The rest of your speculation has nothing to do with this forum.

I first want to thank the moderators of this forum, you guys really seem to know your stuff which I am grateful for. I have read every post here, and I am not wanting to be redundant so if I am, I beg your forgiveness. I just really need as clear an answer as I can get. Here is my issue:

I am a US citizen, and I am married to a Canadian. We fell in love hard and he came to visit and then he ended up staying with me in the states for around 2 1/2 years. In that time we were married and now have a beautiful daughter together. We decided to come to Canada to live. He has done his taxes in Canada each year, never worked in the states, and I realize that he has had an overstay now of quite some time, at least two years. My husband was never issues an I-94 card when he left Canada, as he drove into Burlington, VT and took a plane from there, and when we came into Canada they looked at his Passport and we were allowed entry. The issue is that I have children back in the states and we want to go visit. Will my husband have any trouble when he tries to go through the border again to go to the states? From what I can see it seems to be a game of russian roulette on if he will be denied or not. Being that he has no I-94 card will that keep him in the loophole that was spoke of here. The truth is we only really want to do the right thing, I am intending to apply for citizenship as well as for our daughter. Can you guys help me out and let me know exactly what we can expect? If he is denied entry what will happen to me and my daughter while he is detained or would we all be detained? I don't want to put my infant through that...and yes, you can sit back and say that we brought this on ourselves and you would be right, but the deed is done now, I just need some helpful advice. Thank you!

After staying 2 years in US werent Canadian customs alarmed by such long absence of your husband?
They probably passed that on to their US counterparts

The lack of an I-94 is not carte blanche to stay in US forever. All it means is that he does not face a STATUTORY ban, that is, one that the officers MUST impose without any discretion. But his egregious overstay is known to the officers, and he will be denied entry when he tries to re-enter.

Thank you I really appreciate the honest answers I have received and so quickly. I appreciate what you said and your candor. The only other question I would have is that is he now banned for 3 years, 10 years or forever? Will he never be allowed back? I really wish we had done all of this right from the start, but we were in love and should have paid more attention to the rules and not just our happiness. I hope others read this and learn that lesson before it becomes such a hardship for them as well.

He will be denied entry (not barred, but the same result) for as long as the CBP sees fit. He'll have to ask them.

Can you guys help me out and let me know exactly what we can expect? If he is denied entry what will happen to me and my daughter while he is detained or would we all be detained?

Your husband will most definitely be denied entry. You and your daughter will be allowed through because you're US citizens, but there's a good chance that you and your husband will be seperated for some time while you apply for permanent residency in Cananda. In other words, you may not be allowed back into Canada right away if you leave. I'm surprised you were allowed to enter in the first place seeing you were married to someone who accumulated illegal status in the US and you had an infant child with you, it seems pretty obvious to me that you were a high risk to overstay in Canada. Have you overstayed in Canada? That could be a future problem for you as well.

No I have not overstayed, I just arrived a few weeks ago but I am going to go visit my children this week, are you saying I would not be allowed to come back and visit my husband, but would be denied entry? What is the best course of action for me at this time, should I stay and have him sponsor us immediately?

The best course of action WAS for you to spaonsor hime before he left US.

NOw, the best course is for you to sponsor him, and have hime stay in canada until his GC is approved (hopefully).

Teddy, I'm not sure on how you make the link between one spouse overstaying in one country meaning that the other one is sure to overstay in the other country, and I'm pretty sure the Cdn borfder officer would have had a hard time making this link. She was allwoed entry into canada on the basis of her ties in US.

I have been doing some reading, would it also be ok for him to sponsor me and I stay here in Canada until that happens. According to the Canadian official government website he can do that. Also, and this is VERY important to me, will I still be able to come and go from Canada if I leave Canada to visit my children. Officially I am only a visitor and planned not to stay but to visit and then be sponsored. So if I leave tomorrow will I be allowed back in to see my husband?