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?