As long as there is room to install the can, its proximity to a stud is not a problem. I am speaking as an electrician who has installed more cans than I can count.

(1) Non-Type IC. A recessed luminaire that is not identified for contact with insulation shall have all recessed parts spaced not less than 13 mm (1/2 in.) from combustible materials. The points of support and the trim finishing off the opening in the ceiling or wall surface shall be permitted to be in contact with combustible materials.
(2) Type IC. A recessed luminaire that is identified for contact with insulation, Type IC, shall be permitted to be in contact with combustible materials at recessed parts, points of support, and portions passing through or finishing off the opening in the building structure.

Thank you all so much we shall move forward. ; )

dim4fun, what are you quoting?

NEC 410.66 in 1999 through 2005. It was moved to 410.116 in the 2008.