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Abandoning AOS - will overstay be counted against?

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Hello, I have a really specific situation.


I came on Visa Waiver to US in Sept 2018, my now husband proposed unexpectedly and we got married.


I overstayed my tourist visa approx 1 month (Dec - Jan) due to sickness before I applied for adjustment of status in the US (applied Jan 2019).


I already got a Notice of action from Uscis and did fingerprints. Due to personal circumstance I wish to move back to my home country Germany and work and live there for an unknown time (my hub stays in US). I know my AOS will be considered abandoned. I will stay married and already read that I can apply for CR1 and file i824 to change from AOS to consular processing. Is this still possible even if I start working again in Germany? 


Now my other concern:


Will the 1 month overstay from Dec 2018 before applying AOS plus the waiting period from Jan 2019 until now April 2019, count against me if I leave for consular processing? 


If I wait longer and cross 180 days before leaving will I get a 3 year ban and no consular processing possible any more?

Thank you so much! 

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Does not seem that you have a ban, your VWP days are over obviously and you would need a Visa to visit the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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15 minutes ago, Carou said:

count against me if I leave for consular processing?

No, since 1 month is less than 180 days of unlawful presence. As an AOS applicant you have "authorized stay" allowed by the US Attorney General, thus you only have 1 month of unlawful presence.

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