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Pls update us when u get your visa. Maybe the port of entry CBP should just made you withdraw application for admission instead of expedited removed with 5year bar. And the consul at the embassy should just said applied for waiver but he didn’t. So there’s a chance you don’t need waiver. But the 5year bar is the complicated part, they can’t issue an IV unless the ban has end. Yes every case is different. Im hoping u hear good news soon. Good luck.

What do you mean? It’s either black or white, you were either working or not. 
 
The waiver that they’re looking for is for material misrepresentation (saying that you were going to visit when instead you were “apparently” working), so the bar is a bar for entering the US on any visa, not just a tourist visa. That attorney was very wrong. It’s not like one gets a bar for a tourist visa but can enter on a fiancé visa.
 
Most likely you’ll need one, so I’d tell that attorney to start working on it. 

A 5 year ban prohibits entry into the US for any reason.  You will need a waiver if the ban has not expired.  Sounds like the CO will contact you after he verifies that a ban is (or is not) in effect.