I had move to US on L1 visa on July 10 2009. I have stayed for 175 days by Dec 31 . With this my case is failing the substantial presence test. And went into non-resident alien. It is shy of 8 days to 183 days. I have been to US for a month in the year 2004. Can I make the first year choice?
If yes, then the Another question is that my wife and kid had stayed in US for 31 days by Dec 31 2009, can I claim the standard deductions.
Please suggest the correct way for filing the tax returns