I wrote to Miami tournament and with innocence I asked if Gulbis with his new ranking could get in the main draw.
They aswered me:
"Gulbis is a going to be playing in qualifying for a chance at playing in the main draw.
Obviously, that could change sometime between now and the 18th. Check our website for more information later on."
So, as there is one WC still there to grab, maybe they will use their judgement even if he is not an IGM customer.
Also, if Nadal decides not to go, another spot will open, but they should go with the alternate list first, I suppose.