If she is not a citizen or if she doesn't not have a green card yet, does this apply?

I think the rule is that she also has to live in the house for 2 years in the past 5 years, so she will need to be on some kind of visa or status.

  • The answer all depends on if you can file a joint tax return.
    – RonJohn
    Nov 21, 2019 at 14:28
  • 1
    if that is the answer, then it is an answer. I just wonder why the proper question deserve a negative vote. Maybe you didn't downvote it but somebody else did. I just feel very surprised on Stack Exchange as perfectly legitimate questions get negative votes and people say "they have the rights to downvote it." On improper questions I can understand. On proper questions I cannot. Nov 21, 2019 at 14:54
  • @nopole (speculation; I haven't voted on your question) Perhaps the downvote is because you're asking about taxes but haven't added a tag to indicate which country/jurisdiction applies. Tax laws vary around the world, so such a tag is necessary to get answers that are relevant.
    – yoozer8
    Nov 21, 2019 at 14:57
  • Each spouse can individually qualify for a $250k exemption. If you file jointly, you can say you get a $500k exemption, but that's just summing the portions you each bring to the return. If you don't file jointly, it's still possible that you can exempt $250k on your return, and your spouse can exempt $250k on their return.
    – chepner
    Nov 21, 2019 at 19:50


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