Marina Oswald

Authorizations for Marina Oswald to Enter the United States
Negotiations Between Oswald and the Embassy (WCR)



Marina Oswald’s ability to obtain a non quota immigrant visa depended on the favorable resolution of 3 questions.

First, it had to be determined that she was the wife of an American citizen,
which depended on whether her husband had expatriated himself.

Second, it was necessary to determine that she was not and had not been affiliated
with a Communist organization on other than an involuntary basis.

Third, it had to be determined that she was not likely to become a public charge after
she was admitted to the United States. Section 243 (g) of the Immigration and Nationality Act presented a fourth issue.

This section of the act prohibits the issuance of immigrant visas by American Consuls
stationed in countries which have refused to accept or have unduly delayed accepting the return
of persons sought to be deported from the United States. The Soviet Union had been designated as such a country in 1953.

However, the sanctions of section 243 (g) are often waived;
and even if they were not waived in Marina’s case, she could obtain her visa at an American Embassy
in some other country on her way from the Soviet Union to the United States, if she were otherwise entitled to the visa.

The Department’s decision assumed that prior to obtaining her visa to enter the United States,
Marina Oswald would provide some reasonable assurance that she was not likely to become a public charge after she had arrived there.

The Department later encountered some difficulty in deciding that she had met this requirement.
She knew no one in the United States other than the members of her husband’s family,
and they lacked the means to furnish any substantial financial guarantees.
After considerable correspondence on the matter with Oswald and with the Department,
the Embassy decided to accept Oswald’s own affidavit to support his wife as sufficient
assurance that she would not become a public charge.

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The Embassy’s reasons were set forth in a memorandum dated March 16, 1962:

It appears that … [Oswald] can find no one in the United States who is able and willing to execute an affidavit of support for his wife.
Furthermore, Oswald has been able to obtain no concrete offer of employment in the United States.
On the other hand, he is trained in a trade which should make him readily employable and he and his family
will be able to live with his mother in Texas until he has found work and become otherwise settled.

Taking into consideration the latter factors, Oswald’s legal obligation to support his wife,
and the unusual circumstances of the case which make it difficult for Oswald to provide the usual financial evidence,
the responsible consular officer … [is] willing to accept Oswald’s unsubstantiated affidavit as sufficient
to overcome the public charge provisions of the law.

Protective Custody



Marina Oswald was held for almost 10 weeks while questioned by the FBI and Secret Service.
For 2 days, Lee had no way to know where she was or how to reach her. The authorities had no right to take her.
Texas Spousal law protects a married couple as one entity. She was not compelled to testify against him.
She was not required to answer any questions without Lee, or their lawyer present.

While Marina and Marguerite were in a hotel on Saturday (11/23), Mrs. Paine called.
Lee had been trying to reach Marina and Paine told him she did not know how.
When Ruth hung up with Lee, she immediately called Marina.

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Marguerite Answered

"About an hour later the telephone rang, and it was Mrs. Paine. '
She said, "Mrs. Oswald, Lee called and he was very upset because Marina was not with me,
and he asked me to get a lawyer for him, a Mr. Abt. I would like to talk to Marina."

So I put Marina on the telephone, and Marina said about two or three words.
So when she got off the telephone, I said,--Now, Marina talks in Russian, gentlemen.

I said, "Marina, Mrs. Paine told me that Lee called and you were not home at Mrs. Paine,
and Lee tells Mrs. Paine to get a lawyer." Marina didn't answer. And I then sensed--well, now,
why isn't she answering me? This is very peculiar. And there was no more said about that conversation."

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During her ordeal in "protective custody", Marina was visited by the Dept. of Immigration.
Although she was not directly threatened, perhaps it was put to her in a more delicate manner.
"It would be better for you, in the review of all things considered, better, if you cooperated."

Better for a new lifestyle in a new house in an exclusive school district for the children.
With money, a book deal, an agent, a business manger and a possible movie option.
More rights? I'm not sure what she meant by that or what she understood that to be.
She lied on a material fact on her visa that could get her deported. Her current status needed to be reviewed.

She did what she had to do. What any of us would have done in her place.
Lee was gone, she was completely on her own with two babies to raise. She had to.
It was a strong arm tactic to get an exclusive from the closest person to Lee.
She was being prepared for her testimony, she could not speak publicly until she was through.

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Marina Oswald | WC Testimony

Mr. RANKIN. Did you see anyone from the Immigration Service during this period of time?
Mrs. OSWALD. Yes.

Mr. RANKIN. Do you know who that was?

Mrs. OSWALD. I don’t remember the name. I think he is the chairman of that office.
At least he was a representative of that office.

Mr. RANKIN. By “that office” you mean the one at Dallas?
Mrs. OSWALD. I was told that he had especially come from New York, it seems to me.

Mr. RANKIN. What did he say to you?

Mrs. OSWALD. That if I was not guilty of anything, if I had not committed any crime against this Government,
then I had every right to live in this country. This was a type of introduction before the questioning by the FBI.
He even said that it would be better for me if I were to help them.

Mr. RANKIN. Did he explain to you what he meant by being better for you?
Mrs. OSWALD. In the sense that I would have more rights in this country. I understood it that way.

Mr. RANKIN. Did you understand that you were being threatened with deportation if you didn’t answer these questions?

Mrs. OSWALD. No, I did not understand it that way. You see, it was presented in such a delicate form,
but there was a clear implication that it would be better if I were to help.

Marina Oswald | CE 994
"I am a little offended at the FBI agents who have been tormenting me every day there trivial questionings.
Some of which have nothing to do with Lee’s case; for example what sort of furniture we had in Russia,
how many people lived in our house, and their ages, not to mention questions about my friends and relatives.
I think they should not count on my practically becoming their agents if I desire to stay and live in the United States."

I Shall Be Released



Back in Nov.'63, Marina Oswald gave assurances to the government that she would cooperate to remain in this country.
When those promises were satisfied at the end of her fist day of testimony, her attorney asked for her release from
the long weeks of custody. Chief Justice Warren granted her request.

The CHAIRMAN: "Mr. Thorne, we can understand Mrs. Oswald’s desire to live a perfectly normal life with her children.
Whatever has been done, as you recognize, has been done for her protection, and for her help during these terrible
days that she has been going through.

But she may feel from this moment on that she is under no protection, except what she might ask for.
And so you are perfectly free, Mrs. Oswald, to live your normal life without any interference from anyone.
And should anyone interfere with you, I hope you would call it to the attention of the Commission."

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Look back at the logistics of their meeting and quick marriage, and even quicker movement of paperwork both in and out of Russia.
10 day approval for his marriage, 6 week approval for her exit visa, questions about the money it took to defect and
stay 60 days in one of the nicest hotels. Marguerite's suspicions about the State Dept. come into focus as he walks thru
these processes during Cold War relations.

When Marina was granted her exit visa someone had to give assurances to the US Government.
These are spelled out in the third post on this thread, preferably by an outside party already in the US
She needed someone to "vouch" for her, that she would not in any way become a "public charge".
A verification that she had not belonged to any voluntary Communist Youth Organizations.
No one could. So an exception was made for Lee to give that assurance.

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Authorizations for Marina Oswald to Enter the United States
Negotiations Between Oswald and the Embassy (WCR Appendix XV)

…the Department of State notified its Moscow Embassy that the decision was under review and
instructed it to withhold action pending the outcome of the reconsideration.

The Visa Office first contacted the Washington office of the Immigration and Naturalization Service informally,
and was advised, cording to a contemporaneous notation:

…that case had been carefully considered and decision made at Assistant or Deputy Associate Commissioner level.
Therefore, although not wishing to comment on likelihood of reversal, [INS officer] felt that any letter requesting
a review of the case should come from the Director or Acting Administrator.

On March 27, 1962, such a letter was written from an acting administrator in the Department of State to
the Commissioner of Immigration and Naturalization. The letter read in part:

"I appreciate the difficulty this case presents for your Service,
because of Mr. Oswald’s background, and the fact that granting a waiver of the sanction makes it appear that
this Government is assisting a person who is not altogether entitled to such assistance.

However, if the Embassy at Moscow is unable to issue Mrs. Oswald a visa, it would appear that she and indirectly
the Oswald's’ newborn child are being punished for Mr. Oswald’s earlier indiscretions.
I might also point out that this Government has advanced Mr. Oswald a loan of $500. 00 for repatriation."

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Regulations did not require automatic denial of the waiver.

The State Dept. decided to accept Oswald’s own affidavit as sufficient assurance for Marina.
–but then what good was that assurance once Lee Oswald was dead?

A Developing Story



If Marina took the "Backyard Photos", it is quite peculiar she only remembered the first.
Easy to forget how many pictures may have been taken, odd not to recall it must have been more than one.
Given such an unusual location of the view finder, and different operation of the camera, it is curious.

Two photos found in the search of Lee's possessions that weekend, one photo claimed to be shown to Michael Paine on 11/22.
Mr. PAINE - "They asked me at first, the first night of the assassination if I could locate,
identify the place where Lee was standing when he was holding this rifle and some, the picture on the cover of Life."
Marina admitted to a photograph given to her by Lee for June's photo album. It is unclear if it was a copy of the other two.

Michael Paine also told Frontline, he had seen a B Y photograph as far back as April '63
He said, for the first time in 1993, he had been shown one of the famous “backyard photos” on that night in
April, 1963 when he first met Oswald. Why hadn’t he mentioned it before? "No one had asked him", he claimed.

Lee Oswald had experience in photography, in the Service and with a local company called, Jaggars-Chiles-Stovall.
He worked there when he returned from Russia in Oct. '62, was terminated in Apr. '63. His last time card is April 6^th.
He may have developed some of these pictures during his last week at Jaggers, The Commission left only the ambiguous assumption.
The Oswalds stayed around the first week of April, then it was off to New Orleans.

General Walker was shot at on April 10^th, within 2 weeks, Lee left for New Orleans, Mrs. Paines followed with Marina.
Marina testified it was about 3 weeks after the Walker incident that Oswald presented her with a photograph for June.
All the while there were only two photographs, the unanswered question remained, how were they developed and then copied?

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Kantor Exhibit No. 3, Vol. XX, p. 376

"Ask Fritz-
"...501 Elm is place that processed photo.
What are details of photo (showing gun & Daily Worker head: "Be Militant")"

Seth Kantor was an astute Dallas based reporter for the Times Herald.
The above note, part of Kantor Exhibit no.3, looks like a Saturday reference to a lead he must have heard.
It may have been written on 11/23 based on the events he described before and after, it is also possibly Sunday.
The FBI and Commission members had copies of the exhibit, and drew no questions or further investigation into this important lead.

Marina told the FBI after testifying to the Commission, she thought Lee had developed the pictures himself. [CE 1788]
"...She stated she believes OSWALD developed the film and printed one copy each of the poses as far as she knows.."
She made mention of one pose each, but is not clear how many that is, or a reasonable explanation of how many pictures she took.

At some point during that weekend, while Marina and Marguerite were together, Marina destroyed one or more copies of the B Y photograph.
They were burned, then flushed, on her mother-in-law's insistence. Rankin did not ask how many photographs she destroyed,
or what the poses were. There was no real concern over this destruction of evidence or multiple copies unaccounted for.

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Marina Oswald | WC Testimony

Mrs. OSWALD. I went to my room. But then I showed Lee's mother the photograph, where he is photographed with a rifle,
and told her he had shot at Walker and it appeared he might have been shooting at the President.
She said that I should hide that photograph and not show it to anyone. On the next day I destroyed one photograph which I had.
I think I had two small ones. When we were in the hotel I burned it.

Mr. RANKIN. Did you say anything to her about the destruction of the photographs when she suggested that?
Mrs. OSWALD. She saw it, while I was destroying them.

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Marguerite Oswald | WC Testimony

"While there, Marina--there is an ashtray on the dressing table. And Marina comes with hits of paper,
and puts them in the ashtray and strikes a match to it. And this is the picture of the gun that Marina tore up
into bits of paper, and struck a match to it. Now, that didn't burn completely, because it was heavy--not cardboard--
what is the name for it--a photographic picture. So the match didn't take it completely."

Mr. RANKIN. Had you said anything to her about burning it before that?

Mrs. OSWALD. No, sir. The last time I had seen the picture was in Marina's shoe when she was trying to
tell me that the picture was in her shoe. I state here now that Marina meant for me to have that picture,
from the very beginning, in Mrs. Paine's home. She said--I testified before "Mamma, you keep picture."

And then she showed it to me in the courthouse. And when I refused it, then she decided to get rid of the picture.
She tore up the picture and struck a match to it. Then I took it and flushed it down the toilet.

Mr. RANKIN. And what time was this?

Mrs. OSWALD. This--now, just a minute, gentlemen, because this I know is very important to me and to you, too.
We had been in the jail. This was an evening. Well, this, then, would be approximately 5:30 or 6 in the evening.

Mr. RANKIN. What day?

Mrs. OSWALD. On Saturday, November 23.
Now, I flushed the torn bits and the half-burned thing down the commode. And nothing was said. There was nothing said.