90 day rule in Spain

Hi… I'm trying to plan my in and out adventure. My 90 day limit is coming up on July4th. My paperwork and application for the NIE and residency (as spouse of Spanish citizen has already been sent . But apparently that's not enough proof for me to stay and need to get out asap. I could go back to US (im a US citizen) but would like to come back on August 1st because im leaving in Spain my husband and my dogs 😩😩… so a month feels like a lot. If everything goes well by then I should have both the NIE and “tarjeta comunitaria”. However, I guess my question is, what if I come back August 1st, but the NIE and residency don't get approved until a week or two later? If I return on august 1st I will only have 4 days left within my 90 days. So if the documents don't get to me until let's say mid August, what would happen next time I want to leave Spain again? Let's say in December of course now as a legal resident? I hope this is not confusing …. I'm sooo stressed right now. Will very much appreciate your help.

Good morning.

You shouldn't worry about your situation, don't worry =)

Once you have made the request, there would be no problem since even if there is a period in which you remain "supposedly" in an irregular situation, what the European Courts say is that the right exists from the moment you are married to a European citizen and hence obtaining the residence card by a family member of a community citizen is a formality. This has been established to avoid those cases in which someone in your situation was penalized or expelled for the mere fact of not having the card. It would simply be a formalism that does not limit your rights.


Kind regards
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Thank you. So I'm illegal as of today, July 4th. Our immigration attorney said the same thing. However, my biggest concern is that I have a work trip on July 21st. If I haven't received the card by then, I would have to cancel my trip, and loose $1,500 I paid because I'm at 1099. 😩😩 what are your thoughts? Should I risk it and go? 
I  have send you a PM