Hello

I moved to USA with my family on 9th November 2009. I moved with my wife and 2 kids from India.

I would like to know which form I should file, 1040NR.
Also would like to know if my kids qualify for child tax credit?

Can I itemize my deductions or use the standard one.

Also I purchased car in 2009 by taking vehcile loan, Do I need to specify for same while filing taxes

I need to know under what type of visa you can to the United States.

It makes all the difference as to which type of return you can file, and when.

Hello

Thanks for the answer provided. I am on L1A Visa.
Other confusion I have is one of my kid is US citizen by birth who was born when I was in USA last time from 2000 to 20005

Choice 1: You can file nonresident tax return. Claim moving expenses for the family; complete Form 3903. You may not have any taxable income.

Choice 2: You can file joint return as residents for 2009 after you complete substantial presence test in 2010. You can claim the dependent as well moving expenses. Your U.S. Tax Return: Substantial Presence Test

Which means if I go with choice 1 I cannot claim peronsonal exemptions, standard deduction and child tax credit.

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife) plus two $3,650 exemptions for your children PLUS TWO $1,000 Child Tax Credits.

You will need to submit Forms W-7 to apply for ITINs for your wife and the one child who is NOT a U.S. citizen. A notarized photocopy of their passport needs to be stapled to the respective Form W-7.

The downside is that:

• you must WAIT to meet the Substantial Presence Test before you can file, which means you must wait until about 15 June 2010.

• you must declare ALL 2009 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.

If you want professional help doing this, email me at [email protected].