Ok! never mind to the question above, but just in case someone had the same question here is what I found:
Classification of Taxpayers for U.S. Tax Purposes
U.S. law treats U.S. persons and foreign persons differently for tax purposes. Therefore, it is important to be able to distinguish between these two types of taxpayers.
United States Persons
The term ''United States person'' means:
A citizen or resident of the United States
A domestic partnership
A domestic corporation
Any estate other than a foreign estate
Any trust if: A court within the United States is able to exercise primary supervision over the administration of the trust, and
One or more United States persons have the authority to control all substantial decisions of the trust
[*]Any other person that is not a foreign person.
Substantial Presence Test
You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:
31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.