Legal Question in Immigration Law in Florida

I went to the US when I was a minor ( I was 10 years old )with my mother on a tourist visa, before our tourist visa expired my mother applied for asylum, this was later denied and appealed. During this process my mother met and married an American citizen and our process changed and was aproved ( for me it was approved as a relative of a US citizen) in 2006. because our asylum case was still opened this one had to be reopened and closed , and we were later told by our lawyer that this was denied and we had to leave the country. We never got a letter from inmigratio stating this. This was in 2008 in November. In february 2009, inmigration came to our house with a deportation notice and since we told them that we already had purchased our tickets for march of that year , we were granted voluntary leave. I have been living 5 years now in my home country, along with my mother and her American husband and i have applied twice for a tourist visa but have been denied. This second time the consular officer told me that i had to wait 10 years to reapply for a visa because i stayed ilegally in the US. In my opnion, as far as I know, I have never been ileagl in the US, i had a social security number, worked legally, went to school and paid taxes, and all this while being still a minor. I am now in a relationship with a US citizen and we are planning on getting married, I am scared that I really have to wait 5 years until applying for re entry to the US, do I need to apply for a waiver of inadmisibility before marrying my boyfriend, is it better if we get married in my home country or is it better if we apply for a fiancee visa and marry in the US? by the way, I also have a 3 year old child who would go with me.

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