how can you tell if my car is LCI or not, what are the differences?
all i know is I cant do a cluster test!

 

That's easy. Tail lights are very much different: LCI vehicles uses leds for rear turning lights and rear presence lights give a nice look. See below a picture of my E61 LCI:

 

That's strange. Do you confirm its an LCI? If yes, if the first case I know.

One of the main hidden changes between pre-LCI and LCI E60/E61 is the use of new high speed can-bus lines. My guess is that's the reason for the two previous features not working. It would be possible that in late LCI models (2009/2010) those features are working again, but in 2007 and 2008 LCI vehicles they do not. Even the drivers manual were changed in that point from pre-LCI to LCI.

 

ill check the turn signals at lunch

 

my rear turn signals are NOT LED, so I must not be LCI correct?

 

since my cluster does not work, and I dont have LED tail lights, could I be 1/2 and 1/2? I do have the adaptive bixenon headlights.

 

I really cannot say. I don't know US vehicles enough to say that.

But for confirming things:
Gear shifter (AT) from a LCI E60/E61:


Gear shifter (AT) from a pre-LCI E60/E61:

 

I am definitely PRE-LCI based on the gear shifter.