Talk to the admission

What you said is a common process for undergard students to claim as a resident, normally it indicates legal residents as green card holders and US citizen.

Howver, you can talk to the admission office of your school to see if they have this policy to let H visa/status holders to pay in-state tuition or not. Differnet schools have different policy in this. You can emophasize your spouse is paying state tax, that's why you think you are eligible for in-state tuition. But, still it depends on your school's policy.