visitor visa extension question

[kr_60642]

Hi,
My in-laws came from India on a visitor visa in April 2013 for the 3rd time in 10 years. Their visa was valid till early October.
I filed for an extension for both of them in Sep 2013 asking till Mar 2014. This is the first extension request I have filed for them. Their previous two stays were for 5 months each.
My father-in-law had to leave for India to take care of some property issues in November. My mother-in-law stayed back with us.

We got a letter from USCIS asking for a "Clarification of Extension Request". It says that since one of the co-applicant in the extension application has left, the extension will be approved only up to his date of departure which is November leaving my mother-in-law as overstaying the visa. But it also mentions that since my mother-in-law has not departed the United States as of yet, if she is seeking this extension request solely for herself to submit a letter clarifying her request so her extension can be properly adjudicated.
Does this mean that if I send a clarification letter stating that the extension is needed only for my mother-in-law, my father-in-law would have been overstaying his visa? I really don't want either of them to have any issues in their next trip.

Has anyone had a similar experience? I would really appreciate any help.

--Kannan.

[Nattybone]

Hi,
My in-laws came from India on a visitor visa in April 2013 for the 3rd time in 10 years. Their visa was valid till early October.
I filed for an extension for both of them in Sep 2013 asking till Mar 2014. This is the first extension request I have filed for them. Their previous two stays were for 5 months each.
My father-in-law had to leave for India to take care of some property issues in November. My mother-in-law stayed back with us.

We got a letter from USCIS asking for a "Clarification of Extension Request". It says that since one of the co-applicant in the extension application has left, the extension will be approved only up to his date of departure which is November leaving my mother-in-law as overstaying the visa. But it also mentions that since my mother-in-law has not departed the United States as of yet, if she is seeking this extension request solely for herself to submit a letter clarifying her request so her extension can be properly adjudicated.
Does this mean that if I send a clarification letter stating that the extension is needed only for my mother-in-law, my father-in-law would have been overstaying his visa? I really don't want either of them to have any issues in their next trip.

Has anyone had a similar experience? I would really appreciate any help.

--Kannan.

Hello, Kr_60642.

It appears a straight case to me. Your father-in-law's extension was approved till the date he stayed in the US (while that was beyond the I-94, it was okayed by the USCIS in their communication to you). So, next time he enters USA, he might have to furnish this letter to the officer at the Port of Entry and explain.

As regards your Mother-in_Law, it seems the USCIS is, in principle, fine but they want to check if one applicant is still in the USA. I feel once you respond to their communication, explaining that your mother in law is still here, you will receive a letter granting extension to her as well. As she has already stayed beyond the I-94, i would suggest that you respond to USCIS and wait for them to act (at least till the date you requested the extension for).

I hope this helps.

Wishing you luck.

Cheers,