Questions on Expired Visa & Pareja de Hecho

So I've read a lot of the Q & As and thought I would post my situation to see if I could get some advice. I was an auxiliar for two years and have met a very nice Spanish citizen and we decided we want to do the pareja de hecho. I got into a masters program for the following year and so I'm planning on studying in Barcelona. However, my boyfriend and I will be registering for pareja de hecho in Gipuzkoa because that's where he's registered and that's where we've been living together the last 6 months.

My main question is this: Following the end of my student visa I've returned to the US for the summer to visit family. Unfortunately we couldn't get an appointment before I left so our appointment is scheduled for August. If I've been gone for three months will we still be eligible? Are we eligible if I never was empadronado-ed in Gipuzkoa? Also, I have an appointment for August 24th but I'm not sure if I will run into problems with passport control if I return to Spain in August since my program ended in June and I believe you're technically supposed to wait three months before you can return as a tourist. I'm wondering if I should just apply for a student visa to be safe or do you think I would be okay coming in August with no visa so I can complete the pareja or waiting until the end of September to return so it will be three months after the end of my visa? Any thoughts?

Hello,

You need to check the empadronamiento issue with the Guipuzcoan authorities as each region has their own regulations regarding Pareja de Hecho requirements. You cannot return to Spain earlier than 3 months since last time you left. I recommend you to get a new appointment at a later date when you are able to travel. As you know US citizens do not need visas to enter Spain, but you need to respect the 90 days every six months rule.

Regards,