That's what i figured. I have never heard of a court take in a Canadian as an overstay if there's no record anywhere the INS can _prove_ he is an overstay. If the INS has no way to build a case, what's the point? "Just because we think so" isn't government proof.

Anyways, innocent until _proven_ guilty. W/o an I-94, they have nothing. Unless they caught him working at a subway or something obvious like that.
Glad to hear that. Yep, like i said, it was just a dragnet and the officer after hearing whatever he said -- just followed standard operating procedures (SOP) and took him in.
Once the dust settled and someone above that officer looked at the details -- they dropped the case.
Next time he gets a DUI (hopefully never!) and an INS guy talks to him. His only duty is to say "Canadian tourist, undocumented B2 visitor" and say nothing more. Legally that's all he has to say once he's already in the country.
Now you're free to marry the bugger.

-= nav =-