Hi
I ended up doing AOS while visiting US with my spouse on ESTA. He is a USC. We had a change of circumstance as our baby was unexpectedly born 2 months premature (we came here when I was 6.5 months pregnant and were planning to leave in 2-3 weeks). We ended up spending a month in NICU and did not feel comfortable traveling with a preemie. I sadly ended up overstaying the ESTA by 3 weeks because, for whatever reason, USCIS did not get our package in time (perhaps the lawyer submitted it later than she told us). The GC was approved and towards the end of this year I'm supposed to do the ROC. We have had a couple of happy years here by now but are considering moving back to Europe for several reasons. Mainly, I have a good career waiting for me (my maternity leave is about to end), and I feel like my child would benefit from attending a daycare and school there. My husband works remotely, and there is a high chance that his employer would allow him to work from EU (he is waiting for an answer).
We do, however, want to retain my ability to visit the US again and perhaps one day move back here for good. So my questions:
If I were to officially surrender my GC, would I be able to get a B visa in the future (I suspect ESTA is gone forever because of AOS?)? Or is that a very slim chance?
If I were to officially surrender mg GC, could we in the future apply for a spousal visa? Would the fact that I did AOS from ESTA cast any shadow on that?
Thank you