Based on what you stated above...You both have income and BOTH must file a federal return, which you do jointly. You do NOT have VA source income only she has VA source income.
From the form 763 Instructions
Married, Filing Joint Return (Filing Status 2) BOTH spouses must have Virginia source income. You and your spouse may choose to file a joint return if both have Virginia Source Income and: • you computed your federal income tax liabilities together on a joint federal return; or • neither of you was required to file a federal return.
When using Filing Status 2 or 3 on Form 763, your spouse’s exemption is included in the “Spouse” column. Do not claim your spouse as a dependent.
So based on the information you provided and the instructions for form 763, in order for you to file a joint VA return, you BOTH must have VA source income as a non-resident so you would not be able to file jointly for VA.
The information you have there almost looks like it may be for form 760 which is the resident return form?
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
