OK, so I figurered it out.
1) on FSM #1 I have a state with fade in, set gui skin, send event, gui buttons. 2) On FSM #2 I have all non button gui elements.
So after fade in and set gui skin, I send an event to start FSM #2 (which only has 2 states). That way, the buttons stay separate from the other elements.
Thanks for your help