So yes I am in Germany and the bike is US spec and only a few dealers here have all the diagnostic tools to trouble shoot US bikes. Which makes it hard for them to troubleshoot, but even the dealer with the right diagnostic equipment could not TS the bike properly. This all beside the point, just thought I would throw this out there.
The lady in the US said they would take care of me and make sure the dealer gets the help they need to trouble shoot the bike. She said my case is well documented and then she gave me a reference number for the call. Before we got off the phone she sent me a test email to make sure it worked. I now feel much better about the whole thing. The bike is still at the dealers, but they are calling everyday to report there progress and what's next.
Today they said they found an issue in the main wiring harness going to the ECM. They said when you wiggle the cable it occasionally idles rough/ stalls the bike.
The dealer says he may have it ready for me by the weekend....