TomD8
Level 15

State tax filing

Your wife's California residency status is determined by California tax law.  It is not a matter of choice.  This reference gives California's detailed rules for determining residency status:

https://www.ftb.ca.gov/forms/2020/2020-1031-publication.pdf

 

Note: A non-resident return (CA Form 540NR) is required by CA when a resident spouse and a non-resident spouse wish to file a joint return.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.