Question regarding Canadian Citizen spouse

[KIM100]

I am a USC married to a Canadian Citizen. We got married in the US and want to apply for AOS. I met my spouse in the US. He has been living in the US for the last 5 years, going back home very 6 months and then returning. Also, he has been working in the US illegally and filing tax returns. What would the implications be if we did apply for AOS? What would be the bestway to legalize my spouse without him having to leave the country?

Any advice would greatly be appreciated.

[Marie]

You need to be able to prove that he entered legally. I'm not sure how that works for Canadian citizens.

The working illegally is "forgiven" when you marry a USC so he's fine on that point. You may have to file back taxes though.

Once you start the process, don't let him leave until he has his green card because if he leaves, they could consider that he abandoned his petition.