I believe it is very risky to appy for GC without waiver. You will be caught when they review your case. Whether waiver applies really depends on your nationality. As long as you are chinese citizen, you have to do the waiver process sooner or later for gettting GC. I knew a friend of mine who were in the similar situation as yours, but was told by DOS that she must to do the waiver according to the immigration law. To be safe, I'd recommend you to write an advisory inquiry letter to DOS.