Can requesting a FOIA from DHS slow down the process of a fiance visa petition that was returned?

Question

I filed a fiance visa and my fiance was denied a visa since 1 year ago and he was given a 221g requesting further investigation of our relatiionship from USCIS. I then requested a FOIA from DHS to see why we got denied however my Senator's office told me that because I requested a FOIA my case took a step back. I have been waiting for a answer to know what is going on with our case. Either they will let us rebut or close the case. It has been one year from the interview and no news.

Answer 1

Fiance petitions expire four months from the date of approval, so there is nothing else that has to be done in order for your fiance to NOT receive the visa.  The only thing a FOIA request might do would be to let you see any notes the officer might have taken.  It might not tell you why the visa was not issued, and won't help you overcome the refusal to issue.  The case is no longer valid.