W4 form with single income and married filing jointly

[ajinkya3040]

Hello

I recently got married and making changes to my W4 forms. I am a resident alien working on H1B Visa, My visa is here in US since last month on H4. We are residing in Minnesota, so while filing Minnesota tax form, very first question is Marital Status. 

Options:

1. Single;Married, but legally separated  or spouse is non resident alien
2. Married
3. Married but withhold at higher single rate

My question is Do I need to select option 1 or 2? Does my wife treated as resident alien as she is on dependent visa

[tagteam]

Check back later, I will page Champ @pk.

[pk]

@ajinkya3040 , generally the tax status of the dependent visa holder is the same as that of the  Primary visa holder.  Thus your wife's  H-4 visa gives her the same  tax status as you -- Resident for tax purposes.  However to file jointly with her she does need a tax ID --- in her case  an ITIN.  ( issued by  the IRS ).

And yes you are married  and your spouse lives with you  , your filing / choice should reflect that.

Is there more I can do for you ?   BWT, which country are you and your spouse from ( only for purposes of  treaty considerations ).?