FSA for alien spouse

I can't find anything in the law that excludes a spouse who is a nonresident alien (NRA). However, employers have a lot of flexibility on who is eligible or not eligible under these plans. Many of them exclude NRAs. Therefore, you will need to contact the applicable benefits department at your employer and discuss eligibility of a spouse who is an NRA, eligibility of expenses that may be incurred in another country and whether getting married to an NRA mid-year is a qualifying event for changing plan eligibility.

Your federal filing status should have no impact on whether a spouse is covered or not. Tax law allows for the inclusion of the taxpayer, taxpayer's spouse and dependents for reimbursement of qualified medical expenses from the FSA.