Has your niece committed to remain in the United States only with lawful status?
When does her visitor visa expire?
Do you know why her student visa was rejected?
Thank you for your very detailed response. Unfortunately, even if your niece were to marry at this time, it would not provide her lawful status in the United States because her lawful permanent resident visa/green card would not be available based upon a petition by a lawful permanent resident. Your niece would be required to depart the United States and the US Consulate would issue her visa.
On the hand, your niece could choose to file a motion to reconsider if there is evidence that she did not intend to change to a student visa when she initially entered the United States.
Other than filing a motion to reconsider, there are not really any viable options for your niece to remain in the United States with lawful status without a I-130 petition by a U.S. citizen immediate relative.
It would probably be a good idea for your niece to consult with a immigration lawyer to determine whether it is worthwhile or to her advantage to file the I-290 B.
Otherwise, your niece would need to be leave the United States as soon as possible to avoid any negative consequences for her future immigration options.
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