Need advice on immigration issue

We do not do advice here. Just general information. Unless you want to have another misrepresentation issue created by filing an application, which is not approvable because you are inadmissible, you should not file I485 until the waiver appeal is resolved and in your favor. Only a handful of appeals are won annually with AAO, so you know.

It is doubtful that filing a new I-485 would get you another EAD. Since you have to indicate whether you have ever previously filed an I-485, the USCIS may not process the I-765 while it waits for a resolution of the pending I-601 appeal. But most likely you should discuss the entirety of your situation with an immigration lawyer before you file anything.

Refiling another I-485 while your I-601 appeal is pending is likely not going to get you anywhere.

You need a lawyer to research case law of different circuits on marriage fraud and misrepresentation. You are going to placed in removal proceedings before a U.S. Immigration Judge upon dismissal of the AAO appeal (extremely likely outcome). You may want to be placed in removal proceedings in the geography of the federal judicial circuit with most favorable case law. (You may choose to move, rather than face removal in a less favorable jurisdiction.) Here is what 9th Circuit (California, Arizona, Nevada, Oregon, Washington, Montana, Alaska, Hawaii) has on point: due process requires a hearing for a beneficiary of an immigrant visa to confront the adverse witness. See Ching v. Mayorkas, 725 F.3d 1149 (9th Cir. 2013) (means you must be given an opportunity to confront whoever alleges fraud), the U.S. Court of Appeals for the 9th Circuit has jurisdiction to review the BIA finding that an alien committed marriage fraud. Nakmoto v. Ashcroft, 363 F.3d 874 (9th Cir. 2004). Do not assume that every circuit has jurisdiction to review marriage fraud findings. Good luck.