Since you are filing a joint return for federal and neither of you are residents of NYS, then you must file a joint form IT 203 as NY requires you to file a Joint return in most cases, unless you meet one of the exceptions. Since you are both Non-Residents, you do not meet the exception.
In most cases, you must use the same filing status you used on your federal return. If you did not h...
filing status you would have used if you filed.
Exceptions
The only exceptions are for certain married couples filing a joint federal return in the following situations:
• One spouse is a New York State resident and the other is a nonresident or part-year resident. In this case, you must either:
o file separate New York returns using filing status ③; or
o file jointly, as if you both were New York State residents, using filing status ②.
• You are unable to file a joint New York return because:
o the address or whereabouts of your spouse is unknown, and
o you can demonstrate that reasonable efforts have been made to locate your spouse, and
o good cause exists for the failure to file a joint New York return
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