[ellylove]

I was in USA for 225 days in 2007 and for 164 days in 2008 with B2 visa, and 92 days in 2009 with H1B visa. Am I resident alien? I don't have tax home in foreign country.

Also, I was in USA from July, 2008 to SEP. 2009 with F2 visa. Should I submit Form 8843 with Form 1040?

And my wife is nonresident. Can I file jointly as a resident?

My taxable wage is less than $30,000, and I have a daughter(US citizen) under 1 year old. Can I get EITC? I and my wife have valid SSN.

[AtlantaTaxExpert]

You can file jointly with your wife and you both CHOOSE 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).

To apply for an ITIN, you need to complete Form W-7 for your wife and child. You need to make a photocopy of their passports, then get the photocopy notarized. This can be done at your local bank in most states in the U.S.

The downside is that you must declare ALL 2009 world-wide income (your and your wife's home country income, if applicable). There is an offset available by either claiming the Foreign Tax Credit (Form 1116) or to claim the Foreign Earned Income Exclusion (Form 2555).

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