[schalmeti]

I came in US first time on B1 visa (duration 05/17/2009 to 08/08/2009)
Now I am in US since 07/18/2010.

Does it conclude that I am a resident alien for 2010 tax filing?

I have spouse, and a kid (2 years) as dependent. What will be my tax return?

[AtlantaTaxExpert]

You have attained resident status because you have met the Substantial Presence Test, but you cannot file BY YOURSELF as a resident alien because you did not spend EVERY day in the U.S. in 2010. If you filed by yourself, you would file as a dual-status alien for 2010.

However, since you are married, you CAN file jointly with your spouse and you both CHOOSE to be treated as resident aliens for ALL of 2010. This requires that you declare ALL world-wide income on your 2010 tax return. You can offset any double taxation (at least in part) by filing Form 1116 to claim the Foreign Tax Credit.

If the child was in the U.S. in 2010, you can also claim the child as a dependent.

You mayneed to apply for ITINs for both your wife and child.

If all of this sond rather intimidating, email me at [email protected] for professional help filing your return. This IS what I do!