Can I get a green card by marrying a U.S. citizen after a failed employment-based case?

It’s a simple question, but most people can succeed if they meet a few conditions.

1. If you have a prior record of a case being denied due to fraud (deception, misrepresentation, false statements) raised by USCIS, this is difficult. It isn’t necessarily 100% impossible, so detailed consultation with an attorney is needed.
2. You need a record of entry into the U.S. — in other words, most people who arrived by plane will have an entry record. Those who crossed the border without inspection generally will not qualify.
3. Even in the case above (crossing without inspection), a few exceptions may apply in rare cases. Detailed attorney consultation is needed, but the odds are close to impossible.
4. You must not have a felony record.
5. Your Korean passport must not be expired, or you must be able to renew it. (For those who are subject to a prosecution suspension in Korea — for example, having a warrant out due to a fraud-related case, resulting in a suspended criminal proceeding — you generally need to resolve that matter first in order to renew your passport, but if the amount involved is 30 million KRW or more, a trip back to Korea is often required to resolve it. If the amount is under about 20 million KRW, there may be ways to resolve it from within the U.S.)