I worked and lived in NY; Spouse worked and lived in TX and OK. How should we file NY state tax?

[mochhat]

I worked and lived in NY for 2021. Spouse worked and worked in TX and OK for 2021. So I'm full-time resident of NY, spouse is non-resident. We plan to file jointly - should we choose full-time or part-time resident of NY?

Per TurboTax recommendation, we chose part-time resident. But there's error message in tax review saying tax-payer's "full-time" status is invalid. Needed some help and thanks!

[ErnieS0]

You are not able to file a part-year/nonresident New York return.

If one spouse is a New York State resident and the other is a nonresident or part-year resident. In this case you must either:

1. file separate New York State returns using filing status (3); or
2. file jointly, as if you both were New York State residents, using filing status (2).
    

• Filing status
• How do I prepare a joint federal return and separate state returns?

[mochhat]

Thanks!!

Do we need to file federal tax as “married but file separately”?

[DanielV01]

No, that's not necessary.  If you need assistance with how you can do both, please see this Help Article:  How do I prepare a joint federal return and separate state returns?