Canadian Citizen Married to USA Citizen, Returning to USA Questions

[EsmeGraham]

Well here is my story: I went to the USA in September, 2016 I traveled by land I told the USA Border I was going to a friends wedding which i attended I then went to meet a boyfriend I had been seeing online for quite sometime feel in love with him talked to a lawyer asking if I could get married as a Visitor as I didn't enter with anything other then my Canadian Passport, Birth Certificate and ID they told me yes

We got married at 5 months ....1 month before my 6 months ran out I went back to the same lawyer asking If I could stay in the USA while we worked on my Immagration and was told that I could cause I was known as an "Immedate Realtive" to a USA Citizen by marriage

I got news that my dad got Cancer and went back to Canada by land I have now been back in Canada almost a week and checked the I-94 website for the Arrival & Depature Record and the only thing that appears is the "Arrival" record nothing about a Depature Record

So I was wondering if my husband would need to apply for the waiver that costs $940.00 that isn't garanteed to get approved or if I would be able to go back to the USA since there is no depature record?