Since the Department of Homeland Security does not recognize gay couples as married, you must file separately.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Since Federal does not recognize gay marriages, each of you must file his/her individual Asylum application.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
For now, DOMA is the law, which means that Federal government does not recognize your marriage. Therefore, as of now, you would be required to file two separate applications, if you qualify. Make sure you have an experienced immigration lawyer to represent you.
Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.