The VA guidance does inject some confusion with respect to non-resident joint filers. Status 2 for non-residents does initially say the non-resident couple can "choose to file a joint VA return," however; the instructions later state, "Status 4 must be used if only one has VA income." The Status 4 instructions also state, "If only one has VA income, separate returns must be filed." Finally, the instructions for VA form 763 state, to use status 2, both must have VA income.
The preponderance of evidence here is @Vanessa A is correct. For VA nonresidents, you must use Filing Status 4 if both spouses are non-resident and both have income but only one has VA income.
In TurboTax the best way to handle filing a federal joint return and a separate non-resident VA return is using a desktop product since several returns can be created in one product. You will create and file your joint federal return and joint MD return. You then create a "Mock" separate return for the spouse with VA source income and only include that spouse's income/deductions on that "Mock" separate return. That "Mock" federal return will not be filed, but is used to create a VA non-resident return with filing status 4 for printing/mailing.
My apologies for adding to the confusion earlier.
@edwardandsarah
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