Then, your AOS was rightfully denied. You know you married a GC holder, right? As such, you need to be in status at the time of your I-485 approval. There's no way a B-2 will give you that much time.
Don't waste your money and time on appeal. You're just going to put yourself on the radar.
Wait till he becomes a USC. I don't normally agree with B-2 AOS shortcuts, but this is your best chance.
I'm out, because of the bolded above.
P.S: If you'd married a USC, you can AOS anytime, with overstays.