Should I get jaw surgery for my 3-5mm open and over-bite? (Photo)

The problem with open bite is that it may develop into TMJ issue later in you life since all the pressure is on your back teeth.  Also closing the bite would allow you to bite into foods and close your lips without strain.  Depending on your final bite, you may need single or double jaw surgery.  A full comprehensive evaluation is warranted before knowing exactly what you need.

Confused,
Looking at your pictures, I do not have enough information to give you any good advice. 
An assessment of the jaw is done with the lips gently open (we call this repose), smiling, teeth clenched, and with retractors used to evaluate the relationship of the teeth with you biting down. Additionally, an Xray or CT scan is used to determine the relationship of the bones in your face. 
You seem to have a hyperactive facial smile muscle, but even that is hard to tell from your pictures. Your first step would be to see a surgeon or an orthodontist that has experience with this to get some better answers. Good luck!